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If a couple cannot decide what to do with the home, a judge will often order it sold and then the proceeds are split. Div.) The parties had a twenty year, intimate, exclusive relationship, that included sexual relations, holidays together, gift exchange, personal services and joint friends and acquaintances. The parties were together most weekends at his farm/work studio and did some work together.
As well, the Ontario Family Law Act grants special possessory rights to the matrimonial home to married couples. Cohabitation was not found however, as there was no common residence and they were financially independent of one another. Town Estate 1994 Can LII 7285 (ON SC), (1994), 5 R.
Once a common law partner is considered a spouse for spousal support purposes, they have the same rights and obligations regarding spousal support as if they were married.
The entitlement and amount of spousal support will depend on factors like: * your income and your spouse’s income, * your assets and your spouse’s assets, * your age and your spouse’s age, * your health and your spouse’s health, * the standard of living when you lived with your spouse, * your ability to become self-sufficient, * the contribution you made to your spouse’s career, and * the economic hardship suffered by you arising from the breakdown of the relationship.
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.