A couple who was known as common law couple for 30 years drew up an "agreement, a notarized commitment letter and a statement of facts". After the woman passed away the man contended that he is entitled to half of the joint property because it the agreement amounts to prenuptial agreement.
The Court held that the man is entitled to half of the joint property, even though the agreement is not prenuptial agreement. A prenuptial agreement is an agreement that regulates property matters between spouses. When the agreement does not regulate such matters, and if the spouses are not married, the intention to share is reviewed through the nature of the relationship, its circumstances, the parties’ intention and the autonomy in shaping the relationship, determining the prenuptial arrangement and the property’s division. Here, the agreement dealt with the spouses’ declaration regarding their status and their mutual obligations, but is not a prenuptial agreement. However, the couple resided together under one roof, and managed a joint household with the intention of sharing their assets. Therefore, the man is entitled to half of the joint property.