If your common law partner has you as his beneficiary for pension/life ins/rrsp's (& vice a versa). Are you entitled to it without any family member on his side disputing it? If your partner owns a home in his name, and there is no will, can his family or the estate take it from you. Have been with my partner for over 10 years and unsure if he passes away what impact that may have. He is the higher bread winner in the household, however, have contributing daily to maintaining the house hold.
Should we have a will to specify if anything happens that I become the sole owner of the home and if we do, can this be disputed by any family members?

Bella, common law family law has come a long way in Ontario in the last few years. To be perfectly honest, I don't think there is anyone here who can direct you on this question. Lawyers here are mostly US law. However, I do know that you should have a 'cohabitation agreement' in place between your common law husband and yourself. This would just make it easier should he pass away and leave the property to you without it being disputed by family members.

As to his OAS, if in a married state and he passes away before age 65, then a wife is entitled to half of his OAS, or a portion thereof, don't know exactly if it is half or not, when the widow turns 65.

The point is, seeing as you are common law and contributing to the household expenses, you do need a 'cohabitation agreement' just to make it easier for you. However, should you and he split up, then under common law rules, everything is invalid.

I hope this helps, bella. Please see a lawyer to know all of your common law rights just to be on the safe side.

Tick

Thanks for the info Tickle, will look into it further. Also, please forgive my spelling, been out of sorts lately.
Bella

Automated cohabitation agreement by lawdepot.com will do up one for you for $15.00. I got one done up for the same reasons! I have had a few friends that were forced out of the house after their other halfs have passed by family members and left with nothing. You can also go to have a will made together at a lawyers or an accountant (which is cheaper! Approx $80) just to have a strong back up. People change for the worst when someone dies. Angela

Quote:

---

Originally Posted by Bella4010

If your common law partner has you as his beneficiary for pension/life ins/rrsp's (& vice a versa). Are you entitled to it without any family member on his side disputing it? If your partner owns a home in his name, and their is no will, can his family or the estate take it from you.

---

Hello B:

IF you're looking for a legal agreement that will protect you, it's called marriage. Not only do all of documents you mention PALE in comparison to the protections a marriage offers, but they cost MORE more to produce, they cost MORE to defend, and they have BIG holes in them that the family can crawl through.

excon