I am a 64 yr. Old female with a 61 yr. Old male living common-law…

Question

I am a 64 yr. Old female with a 61 yr. Old male living common-law in my
purchased condo.( my name only)He has been told that his rental home in a
different community cannot be insured due to him not having any anything
tangible to insure.An insurance agency which handles my policies, has told him
the only way to obtain insurance is to be put on my policy& it would also
protect me in the event that I am absent & he is the sole occupant in my
absence. My question is,what this obligates me to in the event that the
relationship severs. Would this give him any rights to my real estate or make it
a legal obligation allowing him to any condo rights to any degree? I am not
wanting himthave legal rights to my properties or my finances. I wish to keep my
finances separate , but I do not know all the implications of living common law.
can U offer legal advice as to how I should deal with the issue of putting him
on my home owners insurance policy? thank you. Cheryl W.

Debra · Accepted Answer

Debra Thal (username) :

What province is this?

Debra Thal (username) :

And why cannot he insure his rental home?

Debra Thal (username) :

That does not make any sense to me.

Customer: I am in Ontario. He had a rental apt. Up until he moved in to my
condo. at that time he had a policy for content insurance. He gave this policy
up& dispersed his personal property, so no longer has any household insurance.
He was told that he cannot acquire coverage for his rental property in Ontario(
Thunder Bay ).He was told that he needs to be put on my condo insurance policy
for 2reasons... To protect me in the event that I am absent & he is the occupant
in my condo, should anything happen to occur damages. Apparently I would not be
covered if damage occurs in my absence with him here on his own. the 2 reason
For being put on my policy is that he was told by my insurance agency that he
cannot acquire home insurance on his rental dwelling without having any
insurance, be it content ins. Or otherwise. therefore by putting him on my
policy he can qualify to purchase insurance on his rental home.
Debra Thal (username) :

Are you saying he owns the rental home?

Customer: Yes
Debra Thal (username) :

So how can he not get insurance when he owns the home?

Debra Thal (username) :

I've never heard of that before?

Debra Thal (username) :

I know this is not your question but I am just puzzled.

Debra Thal (username) :

I will answer your specific question of course.

Debra Thal (username) :

In Ontario common law spouses share some but not all of the legal rights and
obligations that legally married spouses do if their relationship breaks down.

They do not share property rights. However, if your spouse contributes to the
value of property in your name, either through financial contribution or effort,
he may have a claim for a portion of the value of the asset.

Debra Thal (username) :

So it's not likely that this issue will give him any rights to your property.

Debra Thal (username) :

But at the same time the best approach for you to take would be to consult with
a family lawyer with a view to having the lawyer draft a very simple
cohabitation agreement.

Debra Thal (username) :

That will protect you.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Customer: Is there any truth that under Ontario law after a certain period of
time living common law , the common law partner has equal rights to my financial
wealth & real estate? I have much more wealth than he. How vulnerable am I? Do
you think that the fact that he is living under my roof that it sounds viable
that he is not insurable for his owned rental property. He has his son as a
tenant who is paying rent to him. Have you heard of not being able to acquire
insurance because he has no content insurance personally & is not officially
paying a rent payment himself ?
Debra Thal (username) :

It's not at all correct about the insurance.

Debra Thal (username) :

I don't know where that is coming from but it's a bizarre idea to be frank.

Debra Thal (username) :

Landlords very often have property insurance but no content insurance.

Debra Thal (username) :

So something is really wrong there.

Debra Thal (username) :

You are common law after three years.

Debra Thal (username) :

But that is for support and not for property rights.

Debra Thal (username) :

But to be frank I don't like the sound of any of this.

Debra Thal (username) :

If you were my client I would urge you to consider a cohabitation agreement.

Debra Thal (username) :

As I am not your lawyer I am urging you to see one.

Debra Thal (username) :

You can do that quietly and very privately but please do it.

Customer: I wii contact my personal lawyer locally, and request a cohabitation
agreement be drawn up. How does this work? do I see my lawyer one on one & later
bring this agreement home for my common law partner to sign - unbenounced to
him? Your comment about support after 3 years of living common law,---- how
would that work on my behalf, if my assets are more than his, am I obligated to
support hi & if so how is that determined to what degree?
Debra Thal (username) :

You would eventually tell him what you want and he would take the contract to a
lawyer.

Debra Thal (username) :

Support is based on income not assets.

Debra Thal (username) :

But if he lives at our home for free and you pay for most things he can seek
support from you afterwards if this does not work out.

Debra Thal (username) :

If his income is higher and he supports you then you could claim support.

Debra Thal (username) :

But with a contract you can decide what you want to do instead of what the law
provides.

Customer: If we share cost of living expenses equally, eg. Food,condo fees,
dwelling insurance,phone,cable & travel expenses, how would that work in future
if the relationship doesn,t continue?My thoughts are to not be able to have ant
rights to each others assets & income, but to equallycontributeto cost of living
expenses we share as well as travel(vacation). I also own lakeshore property
with dwelling which my married son with wife is living in yr round. I do not
charge him rent but he pays all taxes & insurances as well as maintain the whole
property with what needs doing. A
Debra Thal (username) :

That's all likely OK.

Debra Thal (username) :

But if you sign a contract it is more of a sure thing.

Customer: Year ago I built a small cottage along side for myself to use, which I
intend to have my common law partner share with me seasonally. this property
concerns me as I want it protected for my son to inherit. It is written so in my
current will. I have my son as joint on my financial investments. Does this
sound reasonable to you?
Debra Thal (username) :

Yes it does.

I am a 64 yr. Old female with a 61 yr. Old male living common-law…

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