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Under this regime, both spouses have an equal right to remain in the matrimonial home regardless of who is on title.

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.

However, the fact that one or both partners is still legally married to a third party does not affect common law rights in Ontario. When you think of a common law couple, you may think of a couple living together as if they were married, only without a marriage certificate. The parties spent their weekends together sharing common activities as a family. They spend 4-5 nights each week together during this period of their relationship.

The reality is that there are a wide variety of types of common law relationships. The father had given his coworkers the telephone number of the mother in the event that he needed to be called on weekends.

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.