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Property inherited with CL wife as guarantor

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  • Property inherited with CL wife as guarantor

    Five years ago I had the opportunity to buy my brother out of the inherited family home in Ontario. To do so I received my Common Law wife's signature as a guarantor. The house is a rental and rent just covers the mortgage and taxes. Am I obliged to share in the increased value of the house?
    Another house purchased approximately 12 years ago as a rental also had her as a guarantor. Do I need to share the increased equity and rental profit? Both homes are in my name only.

  • #2
    Sasha58,

    Technically, you are the registered sole owner of the properties. Therefore, they remain to be your own and I believe any equity gained would not be subject to division.

    lv

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    • #3
      Property Split on Principal Residence

      My CL wife and I started living together in July 1987 in a rental unit I paid for, while she completed university. I was gifted a parcel of land from my parents in March 1988 and in March 1991 completed the building of a home on the property. The property remained in my name until June 2004 when a bank insisted they would like to see the property in both our names for a lower interest rate. I complied. Verbally, there had always been an agreement if the property were sold, we would separate the value of the land for myself, and split the value of the building. In viewing the split between land and building, I am interested if a written agreement now is legally binding in Ontario. And if so, if the percentage of land to building needs to be back-appraised to 1987, 1988, 1991 or not until the property is sold.
      Regards

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      • #4
        Sasha58,

        I replied in your other post.

        lv

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