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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 11-08-2009, 07:20 AM
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Exclamation Ex is trying for 'division of property' after 3-1/2 years

I am writing on behalf of a friend whose partner was dragged out of his apartment, in Toronto, by the police after physically attacking my friend; this occurred 3-1/2 years ago.

The police allowed him back in the apartment to take his personal belongings, once he was released from jail, and he took as much as he could that would fit in his car and never looked back; he eventually moved back to Montreal (his home town). In all of this time, he has never asked about all of his other things that he left behind in their home.

Recently (end of October), my friend kindly sent him a lawyer's letter granting him the opportunity to retrieve all of his personal belongings that he left behind; he was given to the 30th of November, 2009 to have this done but he has now turned around and got himself a lawyer and is seeking division of property.

In a common-law relationship, how long after the break up can one seek division of property? Three and a half years seems excessive to me and I haven't been able to find anything that talks about a cut off period for him to file for property division.

Has anyone had this similar type of problem or knows anything about this?

Thanking you in advance for any information any one can provide about this matter.
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Old 11-08-2009, 07:43 PM
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I am thinking that the guy should feel lucky that after 3.5 years that his stuff wasn't thrown out. He had time to either pick up his stuff or make arrangements for someone else to get his stuff. I am fairly certain that a judge may look at it the same way.
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