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So, for instance, if you contributed financially to a home by paying part of the mortgage, property taxes, repairs and upkeep, or contributed by building an addition, and so on, a court may find that you have a constructive trust in the home.

Matrimonial Home Ontario gives the matrimonial home special status for married couples.

To some extent, you can get around this by seeking dependent’s relief, which is essentially a form of spousal support from an estate. After three years of the affair, Thauvette left her spouse and moved into a home owned by Malyon and for which Malyon continued to pay all of the expenses.

Health Care If you become unable to make your own health care decisions, and you do not have a power of attorney for personal care, a spouse is able to make these decisions for you pursuant to the Health Care Consent Act. The father worked in one community but spent his weekends at the mother’s residence. A year later Malyon also left his spouse but the parties chose to maintain separate residences to keep the children apart and to facilitate Malyon’s access to his children.

Property Rights Unlike a married spouse, a common law partner in Ontario has no right to seek an equalization of net family property (a division of assets). Joint property is shared equally and sold if necessary to divide the proceeds.

Unjust Enrichment There are three elements to a claim for unjust enrichment: 1. There was no legal obligation to provide the enrichment. A trust just means that one person holds legal title to an asset, but he or she is holding it for the benefit of the other.

So, for instance, although your common law partner may be on title to the home, part of it really is owned by you.

So, when the common law relationship ends, if one partner is not on title to the matrimonial home, they can be evicted.

Child Support & Child Custody Your rights and obligations regarding child custody and child support are the same in Ontario regardless of whether you are married or common law.