Property and financial divisions in common law

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I need help understanding property and financial divisions in common law. If a couple have been together for 11 years, and one person owns the house, the other came into the house thru the relationship. In 2012, the non owner was put on the deed of the house but not the mortgage. ?#1. Are they entitled to 50% of the value of the house or only 50% of the value of the time frame put on the deed to now. ?#2. In addition the non owner paid 40% the owner paid 60% of bills & mortgage. ?#3. Non-owner received substantial inheritance during the relationship, plus a motor vehicle settlement which never share nor disclosed what is was. Should that not also be included in the financial settlements. Both people are gainfully employed with good jobs.

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Andrew J. Kania, LL.B., LL.M.

9 years ago

What you have not mentioned in your question is whether the two persons are legally married. The answer to your question will be different depending upon that fact. If the couple has been legally married for approximately 11 years then they will both be entitled to an equalization of net family property pursuant to the Family Law Act. If they are not legally married then trust claims may have to be advanced. I suggest that you telephone me at 877-668-9386 for a free consultation. After you provide me with some additional facts, the most important one being whether the two persons are legally married, I can then provide proper guidance.

(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 Douglas Briand for a free consultation).

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