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  • Wills and Common Law Marriages

    I have been in a common law marriage in Ontario for one & a half years now. Since both of us are over age 60, I thought it prudent to include my spouse in my current will to the effect that in the event my death he may live in the house and that my estate would buy out my share of the matrimonial home. This would allow him to continue paying his share of the mortgage only (we are tenants in common). Upon his death, the amount invested by me and my estate would would be returned to my estate. My question is: Is it still wise to have a co-habitation agreement and does a will superceed the court's usual treatment of a common law marriage? How does the fact that it has not yet been three years affect the above questions?

  • #2
    Adrienne,

    welcome to the forums

    If that is your wishes in the event of your departure, then indeed have your last will and testament declare your wishes. I think it wouldn't hurt to have a co-habitation agreement in place.

    The three year continuous cohabitation rule for common law status applies for spousal support purposes and also for name changes. You could take his last name if you so desired after the three years.

    For other things such as pensions CPP, superannuation and other government pensions, after one year of cohabitation applies.

    lv

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