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Category: Canada Law
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A common law relationship, in Windsor, Ontario.

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My sister was in a common law relationship, in Windsor, Ontario. Her common-law husband owned the house. They lived together for 9yrs. He was not working for the last four and a half years with my sister being the sole moneymaker. He just died two days ago. Funeral is tomorrow. It now appears that there was no will. There is a 22yr old daughter from his previous marriage. His ex-Wife is deceased. How long will my sister be given to vacate the house. Does she have any rights to any of the property, including furniture? She signed for all the funeral expenses, including burial plot two days ago. Can she go after the estate for those costs? Aside from aquiring a lawyer, what should be her next step? Thanks for your time...majorly appreciated!! Bill


There are no common law rights to property division in Ontario. So your sister would have no automatic claim to Any of the estate or her spouse's property. She could be required to leave the property immediately, unless there is some new lease or rental agreement entered with the estate. This is not a situation otherwise where the residential tenancy rules apply that require notice of an eviction. She would only have a claim towards any estate property if she could prove that she made contributions toward the acquisition improvement or maintenance of such assets for which she has not received some fair compensation.
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Customer: replied 3 years ago.

Can she go after the estate for funeral expenses, now that she needs every cent of her cash for living expenses.

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