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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.
The “constructive” part of “constructive” trust just means that the trust is implied by the court, rather than specifically set out in a legal document.
The court will may imply this if you have made contributions to the asset.
In this article, I look at what family law and estate law rights and obligations a common law partner has.
If the article doesn’t answer your question, please feel free to ask for more information in the comments.
Spousal Support (Alimony) In Ontario, spousal support (also known as alimony) is only payable to a “spouse.” A spouse can be a common law partner, so living together with someone can eventually give rise to an obligation to pay spousal support, even if you are not married.
Section 29 of the Family Law Act requires that the cohabitation must be continuous, so if you’ve broken up for a period of time and then gotten back together, this may affect whether you are considered a spouse.
For instance, under the Family Law Act, you get a credit for any asset you bring into the marriage, but if your brought the matrimonial home into the marriage, you do not receive this credit.
However, for common law couples this special treatment does not exist.
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.
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Estates If you are in a common law relationship, you have no property rights regarding your partner’s estate. Ms Mc Eachern did domestic chores at his house and he paid for maintenance items at her house. They were known as a couple within the community and were faithful to one another.