Legal Question in Real Estate Law in Canada
division of property
My girlfriend was living with her ex boyfriend for three years , during this period she baught a house , she made all payment's with no finanical help from him , he did however made some repairs to the home costing about $3000
They have been separated now for almost four years , now that i am coming into the picture he his threatening to take half of the property ,
My question is ,, do he have the right to do this to her , is there a time limit for him to make claims on the property ,
I have contected others lawyers on this matter
( online ) and got no reply from any of them ,
hope you can help us in this matter , many thanks if you can
Thank you
1 Answer from Attorneys
Re: division of property
The answer to your question is not simple and depends on the facts.
If your girlfriend is the registered owner of the house then the ex would have to sue in constructive trust for any benefit. Has he registered a claim on the title or has he brought an action for an interest in the land or is he just making threats?
I don't know where the land in question is. In Alberta title vests in the registered owner unless a court determines otherwise in the absence of any consent by the owner to a change in ownership and any such change must be in writing and signed by the owner. Perhaps you could settle this ex's claim by paying some money for a release. There are limitations of actions that apply but you would need a formal opinion from a lawyer who has all the facts.
Johanne L. Amonson, Q.C
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