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

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Old 10-06-2009, 08:38 PM
HelpingMOM HelpingMOM is offline
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Default Property Division

Hi

Wanted to get some info regarding division of property when dealing with a possible common law relationship. My mom has been living with a man for about 10 years. He is a jerk by the way.

She purchased a home 3 years before she met him, his name is not on title, on any bills and he has not paid for any upgrades or maintenance on the house. They are not on each others medical plans, indicated as a beneficiary on any insurance, pensions, or any document.

He has not attempted to be part of the family in any way, he has never come to any family events and does not invite my mom to any events related to his family.

My mom has wanted to get rid of him for years but he is threating to take half of the increase in the house value. We want to kick him out and would like an opinion on how to do this legally I guess.

It is my understanding that he does not have any claim on this and would like an opinion. We live in Alberta.

thanks
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Old 10-14-2009, 11:15 PM
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Quote:
Originally Posted by HelpingMOM View Post
He is a jerk by the way.
Doesn't matter.
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Old 10-15-2009, 11:23 AM
HelpingMOM HelpingMOM is offline
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Did you not like my he's a jerk comment....That really wasn't the point of the post... please don't waste my time if you don't actually have any info to provide.
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Old 10-20-2009, 02:48 PM
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In Ontario, he is entitled to half the increase in the value of the house from the time they got together, but he is not entitled to participate in house equity that was brought to the table prior to the union.

Regarding the jerk comment, it's not relevant. If it wasn't the point of the post, why did you mention it?
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Old 10-21-2009, 09:33 PM
justafool justafool is offline
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The law of commonlaw in Ontario is what is your property is your property. He is only entitled to half it is the matimonial home of a marriage. If your mother is solely on title and is not on the mortgage or bills then things weigh in your mom's favour. The house belongs 100% to your mother. He can make a claim of unjust enrichment against an interest in the property but the onus is on him to prove it.

If he contributed finacially to the bills or directly in labour to improvements or maintenance to the house he has a case in which a judge would have to decide his entitlement. It would have to be balanced with benefits he received as a result of the living arrangements.
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Old 10-21-2009, 10:07 PM
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Yes, what's your property remains your property. He has no claim on title, but he does have a claim on the increase in equity while they were together as part and parcel of equalization of family property.

This differs from a matrimonial home in that all the equity in the home (including what was brought to the table before marriage) is split, not just the increase since cohabitation.
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Old 10-23-2009, 07:20 PM
broker48 broker48 is offline
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Default common law

you are all wrong about property when in a common law relationship. unless both names are on the mortgage or deed, the person who's name is not there has possessionary rights only, which means, you cannot be made to leave the property but you have no other rights to it except to be allowed to live there. i am a mortgage broker and real estate broker and am in this situation myself. i have investigated this issue with a lawyer and paid the $750 to find out exactly!
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Old 10-23-2009, 07:33 PM
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You're right broker48 and it is well documented in case law. If you are solely on title the only legal avenue is an unjust enrichment claim. There is no assumed right of an equalization payment unless an interest in the property can be proven by a claim of unjust enrichment in way of a resulting trust or a constuctive trust.
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