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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100428
Experience:  Lawyer
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I lived commonlaw with partner in s surrey bc home from

Customer Question

I lived commonlaw with partner in his surrey bc home from 2001-2009. there was a small mortgage on the home when i moved in - i did not pay rent. do i have a right to retroactive property claim for half the increase in value of the matrimonial home.I did make some decorating decisions and helped with painting. i was diagnosed with parkinsons disease in 2002 and symptoms got worse in 2009 when he told me to leave.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There are no grounds for your claiming any interest in the home as back then common law spouses did not have property rights and even if there was you would be too late as the limitation period would have already expired.

You also did not make any contributions to the value of the property based on your post. Your contributions would have had to been greater than fair market value rent.

I am sorry this is not the answer you were hoping for.

Customer: replied 1 year ago.
we had a joint account which paid off the mortgage and we filed income tax together as commonlaw for the 9 years we lived together.
Customer: replied 1 year ago.
also i am not claiming interest in the home but the increase in value only.
Expert:  Debra replied 1 year ago.

I know that is what you want to claim by while there is no doubt that you were common law spouses you did not have property rights back then. The new law doesn't apply to you as you separated well before it came into effect.

As well, even if you contributed to the mortgage you would have had to pay more than fair market value rent.

And finally, it is too late to make any claim because of the limitation period.

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