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Common law separation for property

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Anonymous Asked:

I have been with my partner for five years when he purchased our house. The house is in his name and 1% his mothers. He's always refered to it as our house and I have paid him money each month to go towards mortgage, bills etc. He recently broke it off, I'm just wondering what my rights are for Common law separation for property.

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Based on your question you are a common law couple. First, you have the ability to claim spousal support, if the facts are in your favor, given that you have lived together for more than three years. You have not provided any facts in terms of income, children, etc., and thus I would need to speak with you before commenting further. I am simply alerting you to this issue.

In terms of the home as you are not legally married you are not entitled to an equalization of net family property pursuant to the Family Law Act. It is still possible for you to make a common law claim to seek a portion of the home, and for that matter other assets or debt division as well, and the fact that you have paid toward the mortgage, bills, etc. is certainly helpful in terms of making such a claim. Thus, in terms of what your rights are, you can make a common law claim to get some portion of the home. Whether you would be successful is a different issue and, if you telephone me at 866-557-3222 for a free consultation, I can provide you with guidance once I have had an opportunity to ask you questions.

(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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