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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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Hello, I have been living common-law with my boyfriend for

Customer Question

Hello,

I have been living common-law with my boyfriend for 7 years and have been a caregiver through two cancer treatments now. He is getting aggressive now and the doctor and my cancer support therapist says they think it is resentment. He is swearing at my verbally abusive and calling bad names. Now he is saying he does not want the stress so he is giving me 2 months to find a job, pack my things (which most of it was given away when I moved in with in) and find a job (as I was his caregiver). Is this fair or legal?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

There are no automatic rights to property in a common law relationship in Ontario. So he has no obligation to allow you to continue living there ( I assume that it is is his home). He can require that you leave at any time and actually dos not need to give you any notice. The normal rules of landlords and tenants also do not apply to such a situation. You would not have any legal basis to refuse to leave or to demand a share of his property. If you can prove that you made contributions to him or his property for which you have not received some form of compensation, then you could sue (failing a negotiated settlement) and a court can order that he pay you the appropriate Amount. That amount would not be any fixed percentage such as half, but would depend on the value of the uncompensated contributions that you have made. Those contributions could be from payments by you to help buy or finance assets, or improve or maintain them, or your own labour that benefits him or adds to the value of his property.
Customer: replied 1 year ago.

I have been his caregiver, ie all yardwork, cleaning, maintaining appts during chemo, communication with hospital, arranging care for in-home when chemo bottle had to come out etc. Cleaning up after "accidents". I HAVE given money to him during my working days but when cancer/chemo started had to be a full time care-giver. I find it hard to believe that any human after that trama can get a job in this market, pack and find somewhere to live. He has 2 charges of abuse against me previous to the cancer and is consistently verbally abusive. I have also given him a lump some of money 2 months ago of $10,000. It is hard to believe that the court system would agree with such a short period of time after taking care of not only him, the property and our two dogs.


 

Expert:  Law.Hut replied 1 year ago.
It sounds like you have considerable evidence about contributions that you have made. It will be a matter of agreeing ( or convincing a judge) about the monetary value of those contributions above and beyond any compensation you already received, such as living somewhere rent free.
Customer: replied 1 year ago.


That is in my opinion an unfair judgement. I HAVE made improvements to the house. So basically because of his anger of having cancer I will be on the streets. Nice law system.


 


 

Customer: replied 1 year ago.

I do not consider physical labour every day rent free. It is as if you were to hire a someone to take care of you.

Expert:  Law.Hut replied 1 year ago.
Why are you rating my service as bad? I am not passing judgment, just telling you the law that exists. Do not shoot the messenger please.

And I am telling you that you seem to have a valid claim for some amount of compensation based on all that you have contributed and done for him. That does not unfortunately allow you rights to demand to stay in his property. But that is not my fault so I ask that you reconsider your rating. You asked a question and I gave you an honest answer.

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