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We been together for over 10 years , we live together at her dads. I rented a house and now bought this one for over 4 years now. We are not married just common law and she’s not on anything I own: what are my right regarding property and materials? We have a son together, he’s 8.

November 23, 2020

2.91K viewsProperty Division

From your description, it sounds like you: 1) have been with your partner for 10 years unmarried, 2) have an 8-year-old child together; and 3) are living together in a home that you alone purchased and paid for, about 4 years ago.

In these circumstances – given your long relationship and the fact that you have a child together – you are considered to be a “common law” couple.  However, Canadian law generally does not give your partner any special rights in connection with the home you live in together but purchased on your own, even though you have a common law union.

This means that since you bought the home yourself and your partner’s name is not on title, you still have the full right to deal with the property as you see fit.

With that said, there are some exceptions to the rule.  If you are thinking of selling the home, you may want to obtain the advice of a lawyer.

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