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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
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I have been living common law with a woman Years. The

Customer Question

I have been living common law with a woman for 4 Years. The house is in my name. She bought appliances and a couch and a bed for the house. I have done all the work in the house to improve it since I took possession of it.The house was purchased for $219,000 and now is worth $350,000. I have $170,000 left on the Mortgage (which in 2016 will be renewed) She has Fibro Myalgia and Chronic Fatigue syndrome and has done nothing since she co habitated with me. Is she entitled to half of everything from the proceeds of the sale of the house? What if she refuses to leave? What rights does she have. What rights do I have to get her to vacate the house if she does not want to seperate and leave?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Can she work?
Customer: replied 1 year ago.
No..she is on disability. Not government but an Insurance company. She gets $40,000 a year (before taxes) I make $49,000 a year in my job as a school caretaker. She has a drug plan.She is NOT covered by my insurance plan. For the past 3 years we have filed our taxes jointly as common law, for which I have received a $400.00 tax credit from the government of Canada. Once again my questions...Is she entitled to half of everything from the proceeds of the sale of the house? What if she refuses to leave? What rights does she have. What rights do I have to get her to vacate the house if she does not want to seperate and leave?
Customer: replied 1 year ago.
Is anyone there to answer my question?
Expert:  Legal Ease replied 1 year ago.
I am sorry for the delay but it took you over an hour to reply to me and I cannot stay online constantly. In Ontario common law spouses do not have property rights so she will not share in any of your assets at all.The only time she could would be where she contributed to their value but she did not. As your incomes are essentially the same she won't be entitled to spousal support either. She has no right to remain in the home as this is not a matrimonial home because common law spouses do not have matrimonial homes. If she refuses to leave you can change the locks though the police often misunderstand the difference between common law spouses and legally married spouses.

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