If a common law relationship breaks down, are there equal property rights to the family home?
May 7, 2021
Laura Smith
Legal Moment
Legal Moment on 980 CFPL
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on 980 CFPL. |
| Announcer: | I’m with Laura Smith from Cohen Highley Lawyers. If a common law relationship breaks down, are there equal property rights to the family home? |
| Laura Smith: | That depends. If the parties are listed jointly on the home title, there would be an equal right to share in the property. However, if only one person is on title, the other individual will have no presumptive right to share in that property. |
| Announcer: | So the person on title can have the other person leave the property if they choose? |
| Laura Smith: | Yes. Only legally married individuals have a right of possession, which requires a court order to be forcibly removed. Common law spouses do not have this right, so the homeowner can deal with their property as they choose. |
| Announcer: | What if the person not on title contributed substantially to the home during their time there? |
| Laura Smith: | That party should apply to the Court for recognition of those contributions. The Court will then determine what interest, if any, that person has in the property. |
| Announcer: | Thanks Laura. This has been the Cohen Highley Legal Moment. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
