In what circumstances have courts found that a husband and wife can no longer co-habit, and that the wife is entitled to possession of the house in each party’s name?
Ontario, Canada
The following excerpt is from Warren v. Gilbert, 2006 CanLII 16488 (ON SC):
In Mathewson v. Mace[4], the parties had cohabited for seven years. The male partner’s restaurant business had been placed in bankruptcy and the house the couple had been living in was sold to satisfy those debts. The house in question was subsequently purchased and put in the female partner’s name. The male partner was claiming that one-half interest in the house was purchased with his own money and put in the female partner’s name. Further in that case, the male partner had not shown in his bankruptcy documents that had any interest in the disputed house as an asset. His testimony was that the title to house was put in the female partner’s name because of his financial troubles, and “the restaurant and the bank were pressuring me”.
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