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Land portion of a Matrimonial Home. Who's is it?

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  • Land portion of a Matrimonial Home. Who's is it?

    I am in a common law relationship that began in 1987 and ended August 2006. In 1991 I used land gifted to me by my parents to build a house. This property was in my name exclusively until the bank insisted on having us both on title to get a lower interest rate in June 2004. While it was always agreed verbally that the land portion of the property would be retained by myself, upon the break-up in August 2006 my partner reneged this agreement and now wants half of the total value. I have agreed that other rental properties acquired during the relationship be split evenly.
    I am wondering if I can claim unjust enrichment of the land portion if she forces the sale of the house?
    Also, I am interested in finding out if my right to spousal support has expired since more than two years have passed since our break-up?

  • #2
    I would venture to say that your opportunity to claim SS expired after the first year from the date of separation. Sometimes this can be extended up to 2 years, and even as much as 6 years, BUT, and this is a huge but, you'd have to show substantial reasoning as to why, mental incapacity or some equally diminishing factor, but not simply stating that you didn't know you were entitled. I don't want to sound biased, but as a male, it's that much more difficult to be awarded. I feel that all unions should be addressed equally upon break up but that’s not the reality. The FL system has not caught up to modern times, times where it is not unusual for the female partner to be earning the greater income, thus having provided a standard of living to the male partner.

    Another thing against you is that you were not legally married, even a woman in a CL union void the birth of a child of the union, would have a hard case to sell for gaining a claim for SS unless it was relatively long term. Cl separations are not the same as legally married ones. The only time a CL union can be determined similar to the married is when dealing with the split of the ‘matrimonial” home. You would have to show, via documentation at the time the land was gifted to you that it was gifted solely to you. If you have this, you are in a good position to claim sole beneficiary of the land value. However, going back to get it now will be seen as an attempt to increase a claim for equity splitting, (not good).

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    • #3
      Here is a link I found about that may help you

      http://www.practicepro.ca/Practice/P...tionsChart.pdf

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