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First Divorced then became common law

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  • First Divorced then became common law

    Me and my ex wife married in may 2006 , I sponsored her to come to canda from India.

    We bought a house together in 2008 which was solely in my name, and we divorced in 2010 - the divorce statement clearly stated that it will be impossible for either party to claim property.

    She never left the house and we continued to live together , reconciling some of our differences and filed taxes as common law.

    In 2012 she started dating another man ..., and in 2013 moved to another person, now I am asking her to leave the property but she is asking me to pay a huge amount ( as per her its half of the house's worth minus the mortgage) or she is not leaving.

    What are my options here . I am thinking of notifying her by email and by a text message on her phone as a proof that I gave her a month to move out.

    As per what I read on internet , in Ontario she doesn't have any rights to the matrimonial property.

  • #2
    I am sure others will chime in but you are correct that common law couples don't automatically have a right to share in the matrimonial house.

    I think there are cases to be made if she made mortgage payments, did renovations which increased the value etc. But if you did all these things on your own, then there shouldn't be an issue.

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    • #3
      thanks a lot for the prompt response DowntroddenDad .

      One gotcha is we were renting out the basement of the property and we showed income in her name for tax purposes.

      Now she says she can use this income as a proof in court that she has a claim in the property , I think her lawyer suggested something like joint venture.


      Also how can I evict her from the property , I want to do it politely.

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      • #4
        Whoa. In your divorce agreement, the clause to not have a claim on each other's property is standard. But did you split the value of the mat home at the time?

        If she seeks to be paid again, that would certainly be double dipping. If she was never paid an equalization, then you might have some explaining to do.

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        • #5
          we divorced in 2010
          Then there is no longer a matrimonial home. You are not married.

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          • #6
            The divorce order clearly states -

            I do not want to make a claim for division of property in this case even though I know it may be legally impossible to make such a claim after the divorce.

            As a matter of fact we didnt equalize the property at the time of divorce so does that mean I would have to explain it to the judge ?

            Comment

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