Common law spouse

[bigaltheshmal]

This is in Ontario, Canada. This covers different areas of law but here goes: I am a divorced male with two children aged 12 and 17 and live with my girlfriend of 6 years in a house which is owned entirely by myself with a mortgage which is also entirely in my name. My girlfriend's name is not on the house deed or the mortgage as she filed for personal bankrupcy and thus cannot be on it. At issue is what happens to the house in the event of my death in the absence of a will? At this point we are considered "common-law" in Canada.

 

[cbg]

It often surprises people to learn that the laws of the US and the laws of Canada are not the same. This is a US board. We have one Canadian responder but family law is not her area. You may well need to find a different board for your answers.

 

[adjusterjack]

At issue is what happens to the house in the event of my death in the absence of a will?

According to a quick googling, a common law spouse in Ontario has no property rights so it is likely that the house will go to your children under intestacy:

https://ontario-probate.ca/executor-role/inheritance-no-will/

If you manage to survive long enough for your eldest to reach the age of majority (18 in Ontario) he/she will do the probate and would have the option of sending your girlfriend down the road with nothing.

At this point we are considered "common-law" in Canada.

By who? You?

You referred to her as your "girlfriend" not your wife. I don't know what the requirements are in Canada but in the US you would have to hold yourselves out as husband and wife.

I suggest you review the Ontario Family Law act for some guidance on "common law" cohabitation arrangements.

https://www.ontario.ca/laws/statute/90f03

Bottom line, you would be a fool not to have a will. You should have had one long ago. Why have you been resisting the idea?

 

[Zigner]

According to a quick googling, a common law spouse in Ontario has no property rights so it is likely that the house will go to your children under intestacy:

https://ontario-probate.ca/executor-role/inheritance-no-will/

If you manage to survive long enough for your eldest to reach the age of majority (18 in Ontario) he/she will do the probate and would have the option of sending your girlfriend down the road with nothing.

But they may, in fact, have claim to property under other theories and provisions of law.

By who? You?

You referred to her as your "girlfriend" not your wife. I don't know what the requirements are in Canada but in the US you would have to hold yourselves out as husband and wife.

I suggest you review the Ontario Family Law act for some guidance on "common law" cohabitation arrangements.

Yet, I haven't found anything that says it's a requirement in Ontario, Canada.

Bottom line, you would be a fool not to have a will. You should have had one long ago. Why have you been resisting the idea?

I agree with the suggestion that the OP create a valid will. Beyond that, yours is a great example of why we don't "do" non-US law here. It's really not wise to guess.

 

[Just Blue]

According to a quick googling, a common law spouse in Ontario has no property rights so it is likely that the house will go to your children under intestacy:

https://ontario-probate.ca/executor-role/inheritance-no-will/

If you manage to survive long enough for your eldest to reach the age of majority (18 in Ontario) he/she will do the probate and would have the option of sending your girlfriend down the road with nothing.



By who? You?

You referred to her as your "girlfriend" not your wife. I don't know what the requirements are in Canada but in the US you would have to hold yourselves out as husband and wife.

I suggest you review the Ontario Family Law act for some guidance on "common law" cohabitation arrangements.

https://www.ontario.ca/laws/statute/90f03

Bottom line, you would be a fool not to have a will. You should have had one long ago. Why have you been resisting the idea?

"cause he's gonna live forever!!