Common Law Spouses ~ Matrimonial Homes (1)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

spouses

Common Law Spouses ~ Matrimonial Homes

Ontario Real Estate Source

By Brian Madigan LL.B.

Question

Is a common law spouse entitled to the rights of a "matrimonial home"? 

 

Answer 

 

Based on this particular question, the answer is "yes".

However, it may be that another question was intended.

The “key” to the answer is that they were “spouses”. So, even common law spouses are true spouses.

This ends up simply being a tricky exam question, because in real life you would interpret common law spouses not to mean “spouses” but just to mean “living together”.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com

 

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Topic:
Home Buying
Location:
Ontario
Tags:
common law spouses
matrimonial homes
ontario
law

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Ambassador
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Peter Pfann @ 1 Percent Realty Victoria, and Pay-Less For Victoria Real Estate Results!
Talk To Peter 250-213-9490 www.pay-lessrealty.com
1 PERCENT REALTY, Victoria BC www.1percentrealtyvictoria.com

HI Brian,

In BC we have seen many cases where common law relationships that did end, included the property as part of the "matrimonial assetss" based on the assumption by the courts that if you shared in the benefits and obligations of ownership of the asset one had become common law shared owner of the asset, regardless what title documents say.....

August 27, 2011 05:47 PM
Rainmaker
894,244
Brian Madigan
LL.B., Broker
RE/MAX West Realty Inc., Brokerage (Toronto)

Peter and Linda,

Yes, that's the case here too, based on the recent Supreme Court of Canada rulings.

However, sometimes examiners pose "tricky questions", just to keep everyone on their toes.

Brian

 

August 27, 2011 05:56 PM
Rainmaker
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Chris Smith
South Simcoe, Caledon, King, Orangeville Real Esta
Re/Max Chay Realty Inc., Brokerage

Brian, that would have flew right by me... I need to pay more attention to the detail.

August 28, 2011 07:35 PM
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Margaret Rome, Baltimore Maryland
Sell Your Home With Margaret Rome
HomeRome Realty-Author "Real Estate the Rome Way" 410-530-2400

There are no trick answers only trick questions..to keep us on our toes.

Margaret

August 30, 2011 07:27 PM
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