Answers to pressing questions on Family Law Family Matters by John Syrtash Non-married Partners and the home and your partner had been integrally involved in the building of your wealth by raising those kids and in doing so, helped you build your career. If you shared your wealth and lifestyle extensively with such a person, a Court could rule that you, as homeowner, had become "unjustly enriched" by his or her contribution to the relationship. In such a case, he or she would become the beneficiary of what the Supreme Court of Canada calls a "joint family venture" and could be entitled to as much as half of a propertied partner's wealth. With such facts, an Ontario Court may well rule that he/she has an interest in the home you own, as great as 50% of the equity, even though you are not maried. Such a non-married partner would then have rights to the property provable in a Canadian Court of law. Locking him or her out would be a big mistake and an Ontario Court would likely deny your attempt to do so. in which they reside In my last article, I explained the rights of a maried spouse to the matrimonial home on separation. But what happens to your home if you are not married, but have been living with someone? Unless your partner has contributed financially to the mortgage, property taxes and/or utilities, or worked on its maintenance or repair without John Syrtash B. A (Hon), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years compensation, then there is no protection for such a partner under Ontario law. If such a partner had made such contributions, then a Court could give such a person a percentage interest in the home's equity based on "trust" law, i.e. a partner becomes the beneficiary of a trust in the home's equity because of such contributions. However, if such a partner had only lived together for a brief time and had not made such a contribution, then in many such cases, a homeowner could even lock their partner out and the law could do nothing to help such an individual. The other exception to this rule would be if you and your partner had lived together for many years, especially if you had a child or children, Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a Family Law lawyer this year. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 1E6 John Syrtash can be reached at (416) 642-5410, Cell (416) 886-0359. Finally,if you own a home and you physically attack your partner, especially in front of a child or children, then ownership of a home is irrelevant, whether you are married or not. Whatever happens to the net sale proceeds on its sale, the police may well arrest you and/or a Court, on application, could give your partner "exclusive possession" Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada. Answers to pressing questions on Family Law Family Matters by John Syrtash Non-married Partners and the home and your partner had been integrally involved in the building of your wealth by raising those kids and in doing so, helped you build your career. If you shared your wealth and lifestyle extensively with such a person, a Court could rule that you, as homeowner, had become "unjustly enriched" by his or her contribution to the relationship. In such a case, he or she would become the beneficiary of what the Supreme Court of Canada calls a "joint family venture" and could be entitled to as much as half of a propertied partner's wealth. With such facts, an Ontario Court may well rule that he/she has an interest in the home you own, as great as 50% of the equity, even though you are not maried. Such a non-married partner would then have rights to the property provable in a Canadian Court of law. Locking him or her out would be a big mistake and an Ontario Court would likely deny your attempt to do so. in which they reside In my last article, I explained the rights of a maried spouse to the matrimonial home on separation. But what happens to your home if you are not married, but have been living with someone? Unless your partner has contributed financially to the mortgage, property taxes and/or utilities, or worked on its maintenance or repair without John Syrtash B. A (Hon), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years compensation, then there is no protection for such a partner under Ontario law. If such a partner had made such contributions, then a Court could give such a person a percentage interest in the home's equity based on "trust" law, i.e. a partner becomes the beneficiary of a trust in the home's equity because of such contributions. However, if such a partner had only lived together for a brief time and had not made such a contribution, then in many such cases, a homeowner could even lock their partner out and the law could do nothing to help such an individual. The other exception to this rule would be if you and your partner had lived together for many years, especially if you had a child or children, Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a Family Law lawyer this year. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 1E6 John Syrtash can be reached at (416) 642-5410, Cell (416) 886-0359. Finally,if you own a home and you physically attack your partner, especially in front of a child or children, then ownership of a home is irrelevant, whether you are married or not. Whatever happens to the net sale proceeds on its sale, the police may well arrest you and/or a Court, on application, could give your partner "exclusive possession" Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada.