Compensation based on unjust enrichment: When one partner’s contribution leads to the other partner’s enrichment

What is compensation for unjust enrichment?

Compensation for unjust enrichment is money paid to individuals who enriched another person’s patrimony at their own expense, by contributing money, goods, or services.

Unless you reach an agreement with your ex, you can obtain compensation for unjust enrichment if you can prove to a judge that all the following conditions are met:

Here are some examples where judges have awarded compensation for unjust enrichment:

• One of the partners used her personal money to renovate the residence exclusively owned by the other partner, in addition to investing a considerable amount of time supervising the work.
• One of the partners did the household chores and looked after the children without payment, while the other partner used the money saved to pay off his debts.

Exception for long-term relationships

When it comes to long-term relationships – for example, two people who have been in a relationship for twenty years or so – some elements are easier to prove.

Unless there’s evidence to the contrary, judges take it for granted that a connection exists between the impoverishment and the enrichment and that no other explanation is possible for either.

So if you and your ex have been in a relationship for a sufficient length of time, you won’t have to prove conditions 3 and 4 in the list above. Your ex will have to prove that there’s no connection between the impoverishment and the enrichment, or that there’s another explanation for his or her enrichment or your impoverishment.

You can start by trying to reach an agreement with your ex so that he or she can pay you financial compensation. A mediator can also help find a solution that works for you both.

If you’re unable to reach an agreement, you can file a written application with the court so that a judge can decide. You should specify why you think you’re entitled to receive compensation and the amount you’re asking for.

To know what amount to ask for, speak with a lawyer or a notary. Several factors have to be considered in the calculation, which can be complex, depending on the situation.

How and where you apply depends on your situation:

• If you have children and you’re planning to apply to court for custody or support, you can just add your application for compensation for unjust enrichment to these documents.
• If you have no children or if you have no application concerning your children to submit to the court, you must file an “Originating application”. The court or division where you need to submit the application depends on the amount you’re claiming. To help you determine the amount, visit a legal clinic or speak with a lawyer or a notary.