I have a Co-habitation Agreement (CA) with my partner of 2 years and recently she passed away. I have a few questions/concerns and wondering if anyone here can give me their experience or thoughts:
1) CA is typed, each page initialed, signed by both of us and witnessed by one person
2) She bought a house. I am not on title but our CA specifies that should one party pass on the surviving party takes ownership of the property and that all contents of the property become that of the surviving party. Since she bought the house with a down payment of her own, I never felt right living there. So the CA is drafted and signed to reflect that I pay the mortgage until it equals the amount of the down payment and then after that time, the mortgage will be split evenly and both parties start contributing in that fashion. This is all in the CA in detail. I also have financial back-up showing this.
3) Will Issues: There are 2 wills floating around. She has a Will dated 2005, which I have seen (typed, 1 witness signature), executor is sister who she has a relationship with. Another Will dated 2007, which I have not seen (he won’t show anyone), executor is brother who she has NO relationship with.
4) Brother is unaware of our CA and wants the house and all the contents.
I have seen a lawyer but wondering if anyone out there has had somewhat this kind of experience. What rights do I have? Province is ONTARIO.
1) CA is typed, each page initialed, signed by both of us and witnessed by one person
2) She bought a house. I am not on title but our CA specifies that should one party pass on the surviving party takes ownership of the property and that all contents of the property become that of the surviving party. Since she bought the house with a down payment of her own, I never felt right living there. So the CA is drafted and signed to reflect that I pay the mortgage until it equals the amount of the down payment and then after that time, the mortgage will be split evenly and both parties start contributing in that fashion. This is all in the CA in detail. I also have financial back-up showing this.
3) Will Issues: There are 2 wills floating around. She has a Will dated 2005, which I have seen (typed, 1 witness signature), executor is sister who she has a relationship with. Another Will dated 2007, which I have not seen (he won’t show anyone), executor is brother who she has NO relationship with.
4) Brother is unaware of our CA and wants the house and all the contents.
I have seen a lawyer but wondering if anyone out there has had somewhat this kind of experience. What rights do I have? Province is ONTARIO.
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