Sale of property in common law relationship
I have been in a common law relationship for 30 years. Me and my partner bought our primary residence together about 20 years ago. I have been paying the bond and home owners insurance every month since we bought the house even though the house is in both our names. I have been supporting him for the last 20 years he does not contribute anything to the household expenses. So my question is, if we sell the house do we have to split the proceeds 50 – 50 just because his name is on the paperwork but he has not paid a cent towards the house? Do I have any legal rights in this matter?
Common law marriages are automatically presumed to be marriage in community of property until otherwise shown. So yes, the estate and liability are jointly held on a 50/50 basis but it can be readjusted. Nothing stops both of you from reaching a different sharing percentages regarding how the proceeds of the house will be divided in the event it is sold. My opinion is that whatever the settlement ratio you agreed to with your husband, ensure it is reduced in writing and witnessed by a major individual with capacity.