I am wondering what the laws are in On concerning common law breakups. Ontario. We have been together almost 4 years, 2

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Customer: Hi, I am wondering what the laws are in On concerning common law breakups
JA: What province is this in? It matters because laws vary by location.
Customer: Ontario
JA: Are there any relevant dates or timelines to consider with this?
Customer: yes, we have been together almost 4 years , 2 kids together
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think besides the partner threating to take my farm.
Answered by Joey in 5 mins 11 months ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Ok no problem
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Joey, Expert

Good afternoon - sorry to hear about the situation. Common-law couples do not have the same property rights as a married couple would. That said, if one party contributed to the assets of the other, they could make a legal claim for an interest in that asset (typically the family home, investments or a business).

In recent years courts have found that in longer common law relationships there exists what is called a "joint family venture" and through this legal doctrine courts find indirect contributions to the value of all assets even if there is no direct contribution. In other words, a spouse could make a claim even though they did not directly pay for that asset.

There is a presumption of joint child custody absent compelling circumstances. The spouse with the children the least amount of time usually would pay child support.

Does that help answer your question or did you have any follow up questions?

Customer
That helps, if the partner that moved in without any assets and didn't attribute to anything besides lets say keeping the place clean and cut the grass. Can the partner just be kicked out without warning and without courts being involved? Also yes
Customer
I am expecting to be paying child support if so called partner leaves
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Joey, Expert

Yes, whoever has title the property can dictate who can stay in the property.

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Joey, Expert

There is no matrimonial home protection unlike married couples.

Customer
Ok thank you so much for your help.
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Sorry I was going to give you a 5 star rating but it only allowed me to give one, can I change it somehow?
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Joey, Expert

I'm not sure how that works, You could contact JustAnswer customer service ***@******.***

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