Resumption of Co-habitation by Divorced Couple

Buying a House When Unmarried? Consider These Things. – Forbes Advisor

(Ontario)

Question:

If a divorced couple decided to live together again, does the non-owner have any rights in the property under the Family Law Act? Consider the fact that they have children together.

Answer:

This is not a matrimonial home under any circumstances.

For a property to be considered a “matrimonial home”, the couple must be “married”. This couple is divorced. At one time, they were married.

It is, of course, possible that certain rights could accrue to the non-titled person under the laws of restitution etc. if they were paying the mortgage etc.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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