Adverse possession (matrimonial property case, Hurren v. Hurren).

• Author: Teresa Mitchell

An Ontario father has been granted exclusive title to the matrimonial home, defeating his wife's claim to a one half interest, on the grounds of adverse possession. Adverse possession is a legal doctrine involving land in which one person's occupation of the land over a lengthy period of time may actually destroy an owner's right to title to the land. It is not normally applied in matrimonial property cases. However, in this case, the husband had lived in the matrimonial home with the children of the marriage for seventeen years since he and his spouse separated. In that time, he paid the mortgage, maintained and renovated the home and did not receive child support from the wife. The judge in this case ruled that the...