common law break up house not in both partners names; other on title
Description
| Law Type: | Family |
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| Location: | St Catharines, Ontario | |||||||||||||||||||||||||||||||||||
| Specific Issue: | Divorce | |||||||||||||||||||||||||||||||||||
Case Description
My brother and I bought a house together and it has a clear title. My brother's partner moved in with him on his floor. There is talk of splitting up but the off title partner has said this house is part his. We would like to discuss the legal rights of this with a lawyer.
Details
Case id : 010548
City : St Catharines
Province : Ontario
Category : Family
Specific : Divorce
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Common law rights do not included property and even then you must live with them for 3 yr and go to court and show a constructive or resulting trust issue. Not easy to do in ONt. court. See the family law act. There was a recent court ruling on this in Ont. I cannot remember the name of the case, sorry , but common law rights set in only after 3 yrs in Ont. But do not apply to property rights unless they agree. Child support is another issue.
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