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Does the other partner have any right to the equity?

Posted in Divorce, Location, Ontario, Toronto Downtown Core by Questions on June 29, 2015

If a common law couple living together consistently for 7 years separate and one has another income property that has appreciated during this time, does the other partner have any right to the equity appreciated during their time together?

1 Expert Comment

  1. On June 29, 2015 at 12:59 pm
    Andrew J. Kania, LL.B., LL.M. said:

    Perhaps. There is no automatic right to an “equalization of net family property” (which means the division of property) for couples that are not legally married. However, there are common-law principles (Judge made law) such as unjust enrichment that do permit sharing of the property of common-law couples, if the facts are supportive. It is also possible to make a spousal support claim if you have lived together for more than three years. I cannot provide you with any further guidance without first speaking with you and asking questions which would lead me to determine whether your facts might fit within the applicable Judge made law. You are welcome to telephone me at 866-557-3222 for a free consultation.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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