Determining if you are common law

Onboarding questions related to if you have a partner, how long you have lived with that partner, and if you and your partner have a child together are all to determine if you are living common law.

If you have lived with a partner for more than three years, you are considered to be common law by the province of Ontario. If you have a child with your partner and have been living together for more than one year, you are also considered common law. This means that your partner is entitled to one-half of your interests, similar to a married couple. If your partner is not going to be on title, they will need to seek independent legal advice as they have a legal right to ownership of half your share of the property.

Why does it matter to Ownright?

We need to know who has a legal entitlement to the property in question. While you may not be married, common law relationships also mean that your partner is entitled to one-half of your interests. This means that whether they are on the title of this property, or not, they have an ownership interest in it. If they are not going to be on title, we will direct your partner to seek independent legal advice so their interests are considered by an unbiased party.