Can I Make a Claim to a Home That My Spouse Owns?

In a common law relationship, the answer is yes. Will you be successful? Possibly.

This was recently debated in a Superior Court case where the parties lived from together from 2006–2022 and shared one child.

Byrne v. Milner, 2025 ONSC 5272 (CanLII), <https://canlii.ca/t/kfk2s>

The respondent owned a home in London, Ontario.

The judge found that the four factors for an unjust enrichment claim were satisfied, and that there was a joint family venture between the parties, including: mutual effort, economic integration, actual intent, and priority of the family.

The applicant had put in effort related to renovation and improvement of the property and had provided significant evidence of financial contributions and payments. By doing so, the applicant had saved the respondent significant expenditures. Evidence at trial showed that the parties were economically integrated and were in a partnership for 15 years and they put and integrated their efforts and resources for the families’ well-being. As a result, both of their contributions over time that resulted in their accumulation of wealth, and following the breakdown of the relationship, the respondent retained disproportionate share of the assets which had been produced, thanks to their joint efforts.

Just because the respondent made a conscious decision against marriage, the judge found that the parties through their communications and actions showed their intention to support each other and their family unit. The judge found that there was a clear intention from both of them to operate and present as a couple while residing in common law. 

Remedy: 

The applicant asked for a monetary award of between 42–50% of the increase in the value of the London property. The judge found that the applicant demonstrated a connection between his contributions and the preservation, maintenance, and improvement of the London property. Given that the court had found that this was a case of a joint family venture, the monetary award had to be assessed by determining the proportionate contribution of the applicant to the accumulation of the money. Judge found that the property value was around $822,000. Of this amount, the court found that the applicant was owed 50% of the increase in the value of the property amounting to $313,500.

Analysis:

Unjust enrichment claims and joint family ventures are complicated just by their very nature. It requires a lot of analysis and effort and require the satisfaction of the four factors given above. This analysis takes time and detail to produce and to prepare for trial. Many of these types of cases land up in trial.

We at Shankar Law are confident of guiding and assisting you through this complicated process and supporting you right to the very end at trial. We will make the analysis and will let you know the chances of your success or otherwise from the beginning itself. You can then make the final decision about going to trial or settling. We look forward to hearing from you.

We practice all over Ontario.

We now have four offices conveniently located to serve you better in Owen Sound, Port Elgin, Wiarton, and Kincardine. Serving the Lake Huron and Georgian Bay Shorelines from Goderich to Collingwood and the surrounding areas. We are here to help with all of your Family Law, Criminal Law, Real Estate Law and Will matters.