Do I Need a Family Lawyer when I’m Buying a House?

Whether you are married or moving in with a new partner for the first time, buying a house binds you to certain obligations, whether you know it or not.

You’re excited and about to embark on a new adventure! Contacting a family lawyer is likely the furthest thing from your mind. Still, here are some reasons to consider speaking to one before you make one of the biggest investments in your life.

In this article we’ve compiled the most common and important questions to ask yourself and consider.

Did you know that if you’re married, even if your spouse is not on title, they have the presumption of a right to the property?

While the Dower Act protects a spouse not named on title from having a property they own from being sold without his or her knowledge, that only tells a part of the story.

If you think that:

1. By leaving your spouse off the title you’ve protected the house from being shared.
2. Or you’re the spouse who’s been left off the title.

A meeting with a family lawyer can help you understand your rights and responsibilities, and how to further protect your rights in your home.

Did you know that even if you’re not married, if you are in an adult interdependent relationship (colloquially referred to as “common law”) you also have rights?

If you think that:

1. By not being married you’ve insulated yourself from having to share equity in the home.
2. Or, you’re a common-law partner not on title and assume you have equal shares in the home.

We recommend to speak with a family lawyer to get a better understanding of what options are available to you to protect your financial standing with respect to the family home.

Here are some questions to ask yourself regarding adult interdependent relationships (aka “common law”):

• Am I actually building equity in the home, or am I just paying rent to your partner?
• Have I contributed a large down payment that will remain mine? Or have I unknowingly given a portion of my down payment away to my partner?
• Did a parent or close relative gift you the down payment? Was the gift meant for both parties or just for you? (A “gift” towards your home could significantly impact what you believe your rights are to it.)

Stay tuned for future articles tackling this subject, or contact us to talk.

These examples are only a sample of considerations when buying a new home. Even a happy relationship can benefit from meeting with an experienced family lawyer. Clarity and truth are valuable commodities in successful long term relationships.

How can we help?
Our lawyers at SVR are equipped to help you better understand your rights and obligations when purchasing a home with your spouse or partner and, if necessary, we will work with you to take the appropriate steps to protect your interests. We offer services including drafting cohabitation agreements and marriage contracts, or providing you independent legal advice – contact us today.

Written by Melissa Abusow