It's complicated ...

[Halcion]

He and his wife separated seven years ago. I started dating him six years ago. Since beginning our relationship, I have spent at least 50% of my time with him, and the remainder of my time, living with my two adult children, in a separate residence.
His mother passed away last fall, leaving a substantial amount of money to he and his sibling. Probate and all the rest of the will issues are in the midst of resolution. Only a small-ish life insurance policy payout has been received so far.
We are about to end our relationship, and I'm wondering whether or not I have any legal claim to his inheritance.
Thank you for your time and consideration!

[HammerDad]

Originally Posted by Halcion

He and his wife separated seven years ago. I started dating him six years ago. Since beginning our relationship, I have spent at least 50% of my time with him, and the remainder of my time, living with my two adult children, in a separate residence.
His mother passed away last fall, leaving a substantial amount of money to he and his sibling. Probate and all the rest of the will issues are in the midst of resolution. Only a small-ish life insurance policy payout has been received so far.
We are about to end our relationship, and I'm wondering whether or not I have any legal claim to his inheritance.
Thank you for your time and consideration!

Nope, none at all. Inheritance is not included into family assets unless he co-mingles it.

Further, your argument for common law status isn't very strong either.

So unless you have a joint account and he dumps the money in there for both of you to access and you move in entirely, changing your residential address to his, your chances of getting a portion of the inheritance is slim to none.

[Berner_Faith]

No...inheritance is not part of equalization and you wouldn't even be considered common law because you did not live with him full time. You guys would part your ways with your things, his money is his...why would you even want to take part of what HIS mother left to HIM?

[Pursuinghappiness]

I'm sorry?

You want to know if you're eligible to receive a portion of your bf's dead mother's inheritance because you've been dating him for 6 years?

I can't imagine why you would have any legal claim to that whatsoever or why you would even think that it would be morally justifiable for you to even request any of it.

[Lorac]

Hi have to agree with all the above. Why would you even think your intitled? I was married for 34 years...my X gets my work pension if I die before him (can't even put our children down as first) he also gets his mothers' work pension when she dies, he also gets her estate, her life insurance and I have to pay him man-amony every month. It is what it is...I consider my stress free life my due reward.

[blinkandimgone]

It's not complicated at all - you're not entitled to anything just because you've been dating for 6 years and had a bunch of pajama parties. W..t...f?

Amazing, greed knows no bounds.

[Halcion]

Couples living in completely separate residences, have been deemed "common law" married couples by the courts. Are you guys familiar with the law?
I'm seeking a portion of his inheritance, just as any separating spouse would do. Are you implying that couples who are separating should not request their share of assets?

[Pursuinghappiness]

Are you implying that couples who are separating should not request their share of assets?

This isn't a marital asset. Its not something you acquired together during the relationship or something that appreciated in value during the relationship. Its an inheritance from his dead mother that was gifted to her children...you are not her child...you have no claim here. Since he hasn't even received it yet and you know that you're breaking up ...again, why would you think you're entitled to any of it in the first place? Do you really not understand how immoral and scandalous that is?

[Tayken]

Originally Posted by Halcion

Couples living in completely separate residences, have been deemed "common law" married couples by the courts. Are you guys familiar with the law?
I'm seeking a portion of his inheritance, just as any separating spouse would do. Are you implying that couples who are separating should not request their share of assets?

Really? Can you please provide the case law on this? A good resource to look up the case law is CanLII. I have never seen the situation arise in any superior court judgement. I could be wrong.

Technically, you don't fit the definition of "marriage" (common law or truly married) therefor you can't even file in court for anything. Furthermore, the Family Law Rules that govern inheritance are quite clear. You can find the Ontario Family Law Rules through Google.

Furthermore, you are the one asking for an opinion of strangers but, are questioning their knowledge of the law. Probably best you take your matter to a solicitor and have him/her explain what you have already read from experienced posters.

Unless you are directly named in the will. You can't make any claim to the money. Even if you were married. Remember, the other party to the action is dead and has a written statement of disbursement. If you are not named good luck contesting it. Your rights do not supersede the actual person who "owns" the money. They can give it to whoever they want and you are not entitled to it legally.

Again, you can read all this easily in the Family Law Act and several articles written by well known solicitors in Ontario that explain all this in detail.

Good Luck!
Tayken

[Tayken]

Originally Posted by Halcion

Couples living in completely separate residences, have been deemed "common law" married couples by the courts. Are you guys familiar with the law?
I'm seeking a portion of his inheritance, just as any separating spouse would do. Are you implying that couples who are separating should not request their share of assets?

Google Says:

Myths and misconceptions in Family Law - Fiscal Agents Money Management Newsletter - Canadian

On the subject of living together:

There is, however, one very significant right which common-law spouses do not have. That is the right to obtain an equal division of property on the termination of the couple's relationship. As many people are aware, with a few exceptions, a married couple must share equally the value of all property they acquired during their marriage. A common-law spouse does not have this automatic entitlement to an "equalization payment". In certain cases, if the common-law spouse sacrificed his or her time raising the couple's children, or helped to build up the assets of the other spouse, a claim could be made for compensation for this sacrifice or contribution.

On the subject of inheritance:

Inheritances are one of the few assets which are not subject to being "divided" on marriage breakdown. If the daughter had all or part of the inheritance left when she and her husband separated, her husband could not make a claim to it. The exception to this rule would be where the daughter used the inheritance to buy a family home or cottage, or to pay down the mortgage on the family home or cottage. Neither should the daughter put part of the inheritance into a joint account with her husband. In those cases, the special status of the inheritance would be lost and the value of the house or cottage would be shared equally with the husband, regardless of the fact that much of the value was obtained through the inheritance.

Hope this helps with your questions.

Good Luck!
Tayken