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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3360
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Ontario Canada Laws My son is living with s girlfriend. They

Customer Question

Ontario Canada Laws
My son is living with his girlfriend. They currently are living in a rented accommodation.
They are not joint in any rental agreement, bank account, they pay the landlord separately and get separate receipts.
My son is going to purchase a home all in his name. His girlfriend is going to move in and pay rent.
Does he need a pre nuptial.?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 11 months ago.

Hello, thank you for the question. It's a good one.

This wouldn't be a prenuptial contract because we aren't discussing marriage. This would be a cohabitation agreement. And it's a smart idea.

Firstly, people don't pay rent when they are in a spousal relationship. They contribute to the household expenses. You'll want a prenup to say that she acknowledges that the house is his and that the final responsibility to pay for the house and the associated taxes and utilities are his, and that she'll contribute X dollars.

So, how much should that X be? If it's half the mortgage and half of all the bills, then she'll have a good reason to claim that she should be entitled to a share of the growth in value of the home. More clear is that your son be responsible solely for what he'd have to pay anyway if she wasn't there, like the mortgage and insurance and municipal taxes. She should contribute to the bills that will be higher because she's there, maybe half of the utilities and phone/internet.

Also, the agreement should state that they are keeping themselves separate financially, and a short list of the valuable items that each is bringing into the home so that there isn't an argument later about who gets the couch.

This needn't be complicated or long, in fact it's better if it's short and clear. But it should still be done with the assistance of a lawyer because ideally you want her to sign off on her right to make a future claim to a share of the value of the home.

Does that make sense? If there's more to discuss on this topic then please reply. If I've answered you then I'd appreciate a positive service rating please.

Customer: replied 11 months ago.
Thank you .How much would you charge to complete this agreement.
Robert Crocco(###) ###-####
Expert:  Ulysses101 replied 11 months ago.

Robert, I can't do this over the phone and I'm not here to solicit private clients according to the site's rules. I'm sorry.

Have your son phone around for family lawyers who can give him a free consult on a cohabitational agreement. These don't have to be long or complicated, so it won't cost as much as you're fearing. I think you should be able to get this done for under a thousand dollars all in if you shop around. It may seem like a waste, but if it averts expensive litigation down the road and keeps the home's equity solely with your son, it's well worth it.

Anything else?

Customer: replied 11 months ago.
Thanks you have given me sound advice
Thanks
Expert:  Ulysses101 replied 11 months ago.

You're very welcome Robert, I'm glad to help. I'd appreciate a positive service rating please, as that's how I get credit from the site for helping you today.

(one last thing, if your son goes to a lawyer for this tell him to specifically ask about whether the cohab agreement will survive past marriage; some will and some won't depending on the wording)

Good luck to your son.

Ulysses

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