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Common Law Ending - What are his rights?

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  • Common Law Ending - What are his rights?

    A man(boyfriend) woman have lived together for a 18 months or so. The female in the relationship has a child from a previous marriage (she has not been divorced from her husband). The female purchased a house, entirely in her name. The mortgage, the bills, everything is in her name. All major purchases in the house were solely her own. She has evenly split custody of her 8 year old son.

    He often pics the son up from school and does extracurricular things with him without the mother present. Does this constitute any sort of "father figure"?

    If the relationship ends what are his legal rights in terms of property and possessions?

    Are they even common law?


    Any advice appreciated. I'm just helping out a friend to see where she stands.

    Thanks!

  • #2
    They are not common law - 3 years in Ontario to achieve common law.

    18 months is not enough time for him to be assigned responsibilities to the son, especially considering the real fathers 50% involvement.

    They are two individuals that own what is in their name (she owns the house etc)- she can force him to move out and that would be the end of their relationship. No obligation to each other, no obligation by the bf to son.

    Comment


    • #3
      Hi Bill thank you for the information. Can I ask what roughly what your qualifications are?

      Comment


      • #4
        Sure that's easy, none

        Comment


        • #5
          So you don't practice law in any capacity? Sorry if thats a stupid question.

          Comment


          • #6
            This is a public forum that is hosted by a law firm, but not participated in by that firm.

            Everyone here are just people that have gone through separation from all over Canada, and share their knowledge and advice from going through that experience, that is all.

            Free advice and worth every penny.

            Comment


            • #7
              got it! Thank you for the advice

              Comment


              • #8
                shoulda told her 'partner in firm' and billed her, billM

                :P

                Comment

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