Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
Thread Tools
Old 11-25-2011, 10:31 AM
rubytony rubytony is offline
Junior Member
Join Date: Nov 2011
Posts: 1
rubytony is on a distinguished road
Default ? House and cars in my name....

In a nutshell:

I purchased my home 9 years ago. Entered into a common law situation 7 years ago.

We are now splitting.

The house, mortgage, cars are all in my name only. I work and support myself and 3 children from a previous marriage. He lost his job 3 years ago, and is back in school paid for by UI.

The owing on the house is $244,000. Could sell in todays market for $270,000.

Is he entitled to any of the house? The assets in the house that are co-purchased we will divide, and I am willing to give him the vehicle that he drives, which is paid for.

I am thankful for any support or information.
Old 11-25-2011, 11:52 AM
Kenny's Avatar
Kenny Kenny is offline
Senior Member
Join Date: Feb 2010
Location: Ottawa, Ontario, Canada
Posts: 208
Kenny is on a distinguished road

Not all parts of the Family Law Act of Ontario apply to common-law relationships, particularly Parts 2 and 3 (mostly).

Please find below a link to an Ontario Justice publication that explains some of the law.
Old 11-25-2011, 02:39 PM
limer limer is offline
Senior Member
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer

Look up Constructive Trust; common law. He could put in a claim for unjust enrichment, however, him trying to force sale of house would eat up equity on lawyers fees, realty fees, etc. You want to keep the home based on bests interest of "your" kids which are not his. There has been recent large changes in the Supreme Courts as to judgements. I wouldn't worry about it too much. If he puts up a front, then go see a lawyer.
Closed Thread

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Seperated under the same roof - spouse driving my cars ddol1 Divorce & Family Law 7 07-15-2011 03:22 PM
What recourse do I have here? frustrated2009 Financial Issues 14 09-02-2009 06:22 PM
Looks like I'll lose the house now, too! sasha1 Divorce & Family Law 12 06-27-2009 11:14 PM
Commonlaw issue. Cm45400 Common Law Issues 0 05-13-2009 08:05 PM
Kicked out - no money, no work permit, no help phaidros52 Financial Issues 8 12-07-2005 07:09 AM

All times are GMT -4. The time now is 03:28 PM.