Will the proceeds of our house be split 50/50?

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my common law spouse and I have lived together in a home owned as joint tenants for the past 11 years. He paid off the mortgage several years ago using his own money. If we end our relationship, will the proceeds of our house be split 50/50 or will his lump sum payment on our mortgage be deduced from my share.

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Andrew J. Kania, LL.B., LL.M.

9 years ago

As you have stated that you have lived together for the past 11 years, I wish to first alert you to the fact that it is possible that one of you could owe spousal support to the other. I am simply raising this issue for your consideration.

It is also possible for common law spouses to make common law trust claims against one and another for the division of property. I am also alerting you to that issue.

In terms of your specific question about the jointly owned home, the technical answer is that unless a Court orders otherwise the home is to be split 50-50 as you are joint tenants. However, using the aforesaid common law arguments it is possible to seek a re-adjustment of the 50-50 split. I cannot offer any comments about your unique circumstances, and what might actually happen, unless I first am able to speak with you. You are welcome to telephone me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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