Under this regime, both spouses have an equal right to remain in the matrimonial home regardless of who is on title. As well, one spouse cannot sell or mortgage the matrimonial home without permission from the other. For common law partners, you only have the right to remain in the home if your name is on title.
The matrimonial home is treated similar to any other property, which means that when a relationship ends, whoever is on title gets the home. Div.) The parties had a 24-year affair, maintaining separate residences.
If both parties are on title, then the home is split equally. Town was married and living with his wife at the time and Nowell knew of her existence. If you have any questions, please feel free to ask below in the comment section.
If you and your partner are living common law, then you will be considered a spouse for spousal support purposes if you and your partner have cohabited for three years; or if you and your partner live in a relationship of permanence and have a child together.
Section 29 of the Family Law Act requires that the cohabitation must be continuous, so if you’ve broken up for a period of time and then gotten back together, this may affect whether you are considered a spouse.
To some extent, you can get around this by seeking dependent’s relief, which is essentially a form of spousal support from an estate. After three years of the affair, Thauvette left her spouse and moved into a home owned by Malyon and for which Malyon continued to pay all of the expenses.