In a common law relationship, Upon separation what is the cheapest way to divide equity . I am not on deed.?

Question

I am not on title to my home. My commonlaw boyfriend says it is half mine. I pay half the mortgage. Would like to know the cheapest way to secure myself incase of a seperation in future. Please advice me. Must be in Ontario law act.

Answer 1

The best way would be to have your boy friend execute a deed from himself to himself and you as joint owners (tenants in common). In the event that you would break up as a couple, you would have to petition the court for partition of the real estate.

From the Conveyancing and Property Act,

Assignment of property to self and others

40. Any property may be conveyed by a person to the person jointly with another person by the like means by which it might be conveyed by the person to another person. R.S.O. 1990, c. C.34, s. 40.

Answer 2

In Ontario the application of law governing division of property is not the same for common-law relationships as it is for full marriage.

Whether or not you are planning a separation at the moment, you can draw a simple but explicitly-worded agreement that is suitable to both of you. You make the agreement in at least three copies and you must have two witnesses available at the moment you sign them, as they must also sign all copies as witnesses.

Each of you gets a copy of the signed agreement, and a third is placed in some neutral position, in case it is ever needed for presentation in a future legal situation.


If you wish specific legal advice, and this is recommended, you can contact the Law Society of Upper Canada, located in Toronto. Look for the referral selection. When asked what it is that you need, explain your situation and ask them for a referral. They will give you the names and telephone numbers of one or more lawyers in your locality who deal with this area of law.

The Law Society referral will permit you to get thirty minutes of free consultation with the lawyer you choose from the selection offered by the Law Society. (You will have to make an appointment.)

Be sure to have your specific queries written down BEFORE you attend the appointment so that you maximize the use of the time in discussing the points that you need to better understand, as well as those that are most important.

At the end of the session you can opt to have the lawyer draw up a formal agreement, for which you will pay the appropriate fee, or you can continue on your own.

(Note that, if you choose to extend discussions beyond the allotted 30 minutes, you may be charged the lawyer's normal consultation fees for the additional time.)

Answer 3

In US California, all it takes is a determination of interest set forth by a notarized declaration. This means he goes with you to an official, and declares that one half of his full interest in the property assumed to date (paid for on loan) is yours.

Also, the invested equity you pay each month should be done so by check in your own personal and written to the mortgage agency. This will form a trail of your account to back yourself up. He can always claim it was a gift later on, and though obviously not, you'll spen resources providing proof without doubt.

Dont let him protest, he's your boyfriend- not a comitted person. Mortgage companies will take money from anyone so long as there is an account number to credit, so this will not be a problem.

Look- after 1 year of ownership, he can put anyone he wants on the deed and it wont change the interest rates. In fact you should be on the loan as well as the deed because if you two are in fact comitted to each other, the credit building process will help you both in the long term.

One more thing to consider- you should also include a limitation for inclusion in that statement of declaration. That is, he cannot include anyone else other than yourself as primary interest holder. To help the happy feeling of the relationship, you both should declare that if one person dies, the other recieves full benefit of ownership- a.k.a. no one else can be left the remaining interest of the property except the living person. If both of you should die, then you should agree on how to disperse that equity. In my family, it is set forth that the property will be offered in donation (in order) to 3 different charities just in case one or more of them will not accept the gift. In the event that no charity accepts the property as a gift, it will be auctioned off and the proceeds given over to those 3 charities in equal amounts.

Answer 4

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Answer 5

I am not aware of the laws of Ontario; but in the US, if you are not on the title of the property, you have no legal interest in the property. Verbal agreements are not valid and in most cases can not hold up in a court of law.
I would suggest that you contact a real estate attorney in your area. Most will give information for little or no cost.

Answer 6

In a separation and I have gone through one, it is decided between both of you. I paid for the bedroom future she paid for because she was moving out and the place she was staying at did not have the room nor could she afford to get a van and help to get the furniture out of the townhouse we lived in. If you both are married regardless of who paid for anything, it should be divided equally or just do what I did and offered so much money for what I thought the furniture was worth.

Answer 7

i do not know what you local laws are but in ohio the law does not reconize "common law" realtionships. therefore if you are not on the deed to the home you have no legal rights to it. you might have to check with an attorney to see if there is anything you can do to have rights to the home in case of split up or death.

Answer 8

I believe a court would have you sell everything and then divide the money.

Answer 9

I know the reason for that,is why one gets married.