Common Law in Ontario


Old 03-02-11, 05:08 AM
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Join Date: Aug 2008
Location: Canada
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Question Common Law in Ontario

A Friend of mine has lived with his girlfriend for 2 years and he owns a property. My question is that if she paid him for living in the same house per month for those two years and they broke up would she get anything out of the properly once they had broken up? again this is in Ontario.

any insight or ideas would be apprieciated.
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Old 03-02-11, 06:07 AM
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I highly doubt it, unless they had some sort of contract. Basically she was a tenant "with benefits".
Old 03-02-11, 02:26 PM
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I doubt it as well

Without her name on the title or the mortgage, I wouldn't think she would have a claim to anything
Old 03-03-11, 03:51 AM
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I'm not a lawyer, but fairly certain that unless they have been living together for 2 or more years or have children together, it is not considered the matrimonal home. Obviously providing that her name is not on tittle. However, if it is considered the matrimonal home, then she has possessary rights, which means if she is still living there, she can until the house is sold. I suppose if she doesnt want to move and he doesn't want to sell it can get messy. According to the Law Society of Upper Canada, residents are entittled to a free 30min. consultation. Phone them to get a list of Lawyers in his area, then he will know his rights without a doubt.

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