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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100506
Experience:  Lawyer
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Is there laws -law property division where the couple are willing to share but t

Customer Question

Is there laws for common-law property division where the couple are willing to share but the kids/in-law interfered when I left on Aug 13,2010. I have recently found on CLEO the law that says that it is between the couple only.
If this was law in 2010 then She will give me things to this day but he stops it.
do I any grounds to work with?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Common law spouses do not have property rights. Only legally married spouses do in Ontario.
So this means that your rights are no different than if you were just friends.
If your name is ***** ***** property you own it. If both your names are ***** ***** property you share it equally. That is in most cases.
But if you contributed to the value of the property held in the name of your spouse you may be able to make a claim to that property.
Either one can give the other property. It would be a gift and not because you have to because you are common law. It is never up to the kids or in-laws.
But if you separated in 2010 you cannot sue now as the limitation period is two years. So you had to sue within two years of the separation if you felt that you were entitled to share in the property because you contributed to it.

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