[nicegirlnomore]

My question is in regards to my home, which I purchased on my own. I am going to seek legal advice; but would also like some feedback from others. I am a bit scared also. I have been living common law for about 5 years ( I purchased house two years prior), he has not been abusive; but has cheated. It has come to light after a few years that nothing has changed. The mortgage is still in my name alone as he has very bad credit, and he does give me (now) money for everything, bills, mortgage, condo fees etc etc. This less than 1/4 of the household expenses. I pay the rest. This arrangement was only because he has child support and does not have much to contribute. Because he does not have the funds, when we did major renovations, ( I helped and I paid for it all) I thought it evened things out. Because of his temper I know it will get ugly. We have had the discussion prior and I know he feels entitled to half the home. Is the Ontario law black and white when it comes to the division of the common law home, or do they add up all that has been put into it both finacially and otherwise?

[JudyKayTee]

My question is in regards to my home, which I purchased on my own. I am going to seek legal advice; but would also like some feedback from others. I am a bit scared also. I have been living common law for about 5 years ( I purchased house two years prior), he has not been abusive; but has cheated. It has come to light after a few years that nothing has changed. The mortage is still in my name alone as he has very bad credit, and he does give me (now) money for everything, bills, mortgage, condo fees ect ect. This less than 1/4 of the household expenses. I pay the rest. This arrangement was only due to the fact that he has child support and does not have much to contribute. Because he does not have the funds, when we did major renovations, ( I helped and I paid for it all) I thought it evened things out. Because of his temper I know it will get ugly. We have had the discussion prior and I know he feels entitled to half the home. Is the Ontario law black and white when it comes to the division of the common law home, or do they add up all that has been put into it both finacially and otherwise?

Ontario law says: "Common-law partners do not always evenly divide property in a breakup, and the courts have to look to concepts such as the constructive or resulting trust to divide property in an equitable manner between partners."

It is possible that the increase in value of the unit between when you began to live there together and the day you "separate" will be divided between you.

I don't know that the Court will put a lot of time and energy into figuring out who is entitled to what percentage.

I see no claim on the unit itself by your boyfriend.