common law spouses: Common Law Spouses ~ Matrimonial Homes (2)
- 08/27/11 10:53 AM
Common Law Spouses ~ Matrimonial Homes (2)
Ontario Real Estate Source
By Brian Madigan LL.B.
Question
If someone is just living with another person are they entitled to the rights of a "matrimonial home"?
Answer
There are two definitions of spouse under the Family Law Act.
The expanded definition of spouse only applies to Part III of the Act (support obligations). So, just living together can raise some obligations in respect to support.
However, the definition of spouse in subsection 1 (1), which applies to all of the Act, refers only to people who are married or … (3 comments)
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common law spouses: Common Law Spouses ~ Matrimonial Homes (1)
- 08/27/11 10:40 AM
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 … (4 comments)
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