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

 

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Topic:
Home Buying
Location:
Ontario
Tags:
ontario
law
matrimonial homes
common law spouses

Post a Comment
Spam prevention
Spam prevention
Show All Comments
Ambassador
552,256
Peter Pfann @ Fair Realty Victoria, BC, Canada. Pfanntastic Properties in Victoria, Since 1986.
Fair Realty, Victoria BC www.pfanntastic.com - Victoria, BC
Talk To or Text Peter 250-213-9490

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.....

Aug 27, 2011 05:47 PM #1
Rainmaker
1,117,411
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

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

 

Aug 27, 2011 05:56 PM #2
Rainmaker
579,153
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

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

Aug 28, 2011 07:35 PM #3
Ambassador
2,222,382
Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Baltimore, MD
Sell Your Home With Margaret Rome

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

Margaret

Aug 30, 2011 07:27 PM #4
Post a Comment
Spam prevention
Show All Comments

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?

Rainmaker
1,117,411

Brian Madigan

LL.B., Broker
Ask me a question
*
*
*
*
Spam prevention

Additional Information