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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 09-03-2010, 07:05 AM
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Default issues regarding land and building

Greetings,

My ex bought some land a few years back.
I have since built a home on the land with my own sweat and money. I kept receipts of everything I built.

Now, she wants to sell and she's telling me that she wants to sell saying that the land his hers.

Do I have a claim on the building sitting on her land?

I am living under the quebec civil code soI am not really sure anymore. I'm also looking for a lawyer rin the Montreal area who can help me with this issue.

regards.
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Old 09-03-2010, 12:41 PM
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Do you both live in this home? Or is it additional property? Was there a written contract or agreement regarding the building?

The Civil Code states:

82. Married or civil union spouses may have separate domiciles without prejudice to the rules respecting their living together.

In english, it is hers unless you put forth an awfully big fight...and even then, you may lose it.

Good luck!
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Old 09-03-2010, 12:42 PM
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PS...I am not as familiar with the Civil Code, so I would seek legal advice. Can't help you with regard to a decent lawyer in Montreal.
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Old 09-03-2010, 03:07 PM
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greetings again,

firstly, it was built and used as a country house and I would say that I've been using it about 95% of the time. Does prescription law apply here?

secondly, We were living as common law but never married in Quebec.

I've spoke to about 3 lawyers and all are unanimous to say that the house does belong to me. I've got one which will be accepting the case as litigation. If she is to sell, I would get my pro-rata value based on the municipal evaluation.
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Old 09-03-2010, 03:08 PM
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I beleive that the key is:

I kept all the receipts in my name from foundation and cement to ceiling and roof.

will keep you posted
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