Essential Legal Tips Every Common-Law Couple Needs to Know – Part 2

Read Part 1 of Anna’s, a common law spouse, story here.

Anna claimed she had paid $25,000 which was half of the purchase price of the condominium. She should have become an owner of 50% of the condo. That was what Jason owed her according to Anna. Jason’s mother, as his estate trustee, asked Anna to prove her $25,000 payment was not a gift or a loan.

Anna paid the condo mortgage every month because she believed, as a spouse, she would inherit the condo. Jason made the same mistake. He thought he did not have to specifically provide for Anna. She would get everything he owned as his spouse, without him having to make a will.

As it turned out, Anna and Jason were both wrong.

Based on Ontario law, common law spouses do not inherit their partners’ property.

Anna had to sue Jason’s estate for her legal remedies. This included support, unjust enrichment and breach of trust. She made a deal with Jason’s mother. Anna was allowed to stay in the condo if she paid the mortgage until her case was resolved.

Tips for Ontario Common Law Spouses

1. Common law spouses must be on title to property to inherit it. They can be designated as beneficiaries of assets or included in a will.
2. If you fail to provide adequate support for a common law spouse, they can sue your estate. Courts then decide what is “adequate” if everyone cannot resolve matters through mediation.
3. Common law spouses need their partners to make wills to protect them.

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

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