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Old 11-28-2011, 12:24 PM
claybuster claybuster is offline
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we have lived together commonlaw for 11years and she buys the grocerys and i pay the bills ,i own the house and we have no joint accounts,its been a bad relationship all along and we want to split up ,but she says she wants half the value of the house to leave peacefully,iwant to be fair but thats to much and i don't want to sell my house,can someone give me some advise...thanks.
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Old 11-28-2011, 01:41 PM
HammerDad HammerDad is offline
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She may not have much rights to the house. There are others here that know more about this. Try searching "occupational rent" and see what you can find. There are numerous treads about this.
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Old 11-28-2011, 01:45 PM
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I believe occupational rent only applies to the matrimonial home if they were actually married or had purchased the house jointly- someone correct me if I'm wrong.

Unless she's put a tonne of money into the house via mortgage payments or renovations, she's not entitled to much - if anything.
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Old 11-28-2011, 03:48 PM
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Quote:
Originally Posted by claybuster View Post
we have lived together commonlaw for 11years and she buys the grocerys and i pay the bills ,i own the house and we have no joint accounts,its been a bad relationship all along and we want to split up ,but she says she wants half the value of the house to leave peacefully,iwant to be fair but thats to much and i don't want to sell my house,can someone give me some advise...thanks.
Bill and Blink are correct.

Your common law spouse would have to demonstrate that she actually contributed to that expense. It is a very long shot and very expensive to litigate something like this for her. If there are no children involved then it is even harder.

But, do remember that you could face paying spousal support for your common law spouse too.

Good Luck!
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Old 11-28-2011, 03:54 PM
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She's not entitled to any share of your house (in Ontario) due to you being in a common law relationship.

She may be able to make a claim for a contructive or resulting trust.

Trusts are extremely complicated and no one here would really be able to give you firm advice, probably most lawyers wouldn't even want to touch them. The short and simple version is, if either:
  1. She invested money, materials or labour into the home (beyond basic housekeeping), or,
  2. You promised her all along that she would get half the home.
She must be able to show this factually. You can't establish a legal trust based on he said/she said.

The idea of occupational rent in this scenario is that if she had made some kind of contribution to the home, you would counter that by stating that she had lived rent-free and that her ordinary housing costs over that period of time would have been $xx,xxx.xx.

Trusts arguments are not simple or easy and if she was to try to make a claim you would do well to have collections of receipts and statements showing your personal costs for the home over the years, what bank account they came out of and be able to show that she made no direct contributions.

What you should know about family law in Ontario - Ministry of the Attorney General
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Old 11-28-2011, 04:36 PM
claybuster claybuster is offline
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thanks for your reply mess,she did help me renovate a room in the basement and i payed for the materials,she also redecorated rooms upstairs,iwant to pay her fairly but she says her lawyer thinks she can get half the value of the house.
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Old 11-28-2011, 07:10 PM
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how much would you be willing to offer her??
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Old 11-28-2011, 08:20 PM
FaithandMorals FaithandMorals is offline
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Bus Fare?

Sorry, couldn't resist.

Hope all laugh and are not offended.
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Old 11-28-2011, 08:20 PM
claybuster claybuster is offline
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i was hoping she would walk with 30 grand in her pocket.is this fare?
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Old 11-28-2011, 08:32 PM
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i'm not sure what spousal support is she makes a good wage and can support herself,no children here ,she's56 and i'm 58
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