Essential Legal Tips Every Common-Law Couple Needs to Know – Part 1

Anna arrived at our law office after the funeral of Jason, her common-law spouse. Anna and Jason lived together for nearly 7 years. Anna cared for Jason during his cancer treatments. She supported Jason and paid the condo fees and mortgage on their condominium. The condominium, however, was registered in only Jason’s name. Anna could not find a will where Jason had provided for her.

Anna wanted to know what her rights were and if she could continue living in the condominium.

Anna Was Not in the Will

Jason’s family claimed there was a will and that Anna was not in it. The family would not give her a copy of Jason’s will.

Anna was told she was not married to Jason. As a married person, she would have had rights to inherit his property. The condo would have been a matrimonial home if Jason and Anna were married. Anna would have a 50% interest in the condo.

Property Rights of Common Law Spouses

Since Anna was not a married spouse, she could not inherit any of Jason’s property. She had no automatic share in the condo. The couple may have believed that the condo belonged to both of them. After all, that is what Jason told Anna – if he died, Anna could keep living in the condo and she would have his RRSP to pay the condo expenses. But this was incorrect; legal ownership of the condo was only in Jason’s name, and, in Ontario, only married spouses have rights to inherit property.

That meant that Anna, as a common law spouse, had no ownership rights to the condo. Jason would have to leave his condo to Anna in his will, or she would have to go to court.

Anna had given Jason $25,000 when he bought the condo. She believed she was a part owner of the condo.

Jason’s will was nine years old. He signed his will before he met Anna and never updated it. Jason appointed his mother as his estate trustee. She wanted to sell the condo and told Anna she would have to move out.

Tips for Ontario Spouses

1. Only married spouses automatically share property and have family law rights to a matrimonial home.
2. Common law spouses do not have rights to inherit their partner’s property.
3. Common law spouses do not have matrimonial home rights.

Read Part 2 of Anna’s story next.

If you have a common law spouse, make sure they have a current will. If you need a will, set up an initial meeting to discuss your options.

As a Certified Specialist, estate law is all I do.