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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 11-25-2011, 09:31 AM
rubytony rubytony is offline
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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.
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Old 11-25-2011, 10:52 AM
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Kenny Kenny is offline
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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.

http://www.attorneygeneral.jus.gov.o...y/familyla.pdf
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Old 11-25-2011, 01:39 PM
limer limer is offline
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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.
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