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Old 12-04-2006, 08:01 PM
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freyguy is on a distinguished road
Default this there commnanlaw time limit.

my ex left 6 mths ago, now she's back for more. The house is in my name, but is there a time limit that prevents a person returning and trying to get more ?
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Old 12-04-2006, 08:59 PM
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freyguy,

If your in Ontario, I believe the Limitation Act S.O. 1990 chapter 24. schedule B applies to your situation. They have two years from the date of separation to bring forth a claim for such issues as spousal support. If a claim is brought forth within the two years, there is no time limit to settle the matter by way of proceeding.

Limitations Act, 2002
http://www.e-laws.gov.on.ca/DBLaws/S...2l24_e.htm#BK5
S.O. 2002, chapter 24
Schedule B



Basic Limitation Period

Basic limitation period

4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.


and

16. (1) There is no limitation period in respect of,

(b) a proceeding to enforce an order of a court, or any other order that may be enforced in the same way as an order of a court;

(c) a proceeding to obtain support under the Family Law Act or to enforce a provision for support or maintenance contained in a contract or agreement that could be filed under section 35 of that Act;





For your ex to be eligible to bring forth a claim for spousal support see the Family Law Act and definition of spouses for spousal support purposes.

Family Law Act, R.S.O. 1990, Chapter F.3

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK33

PART III
SUPPORT OBLIGATIONS

Section 29

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).

lv
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