Real Estate

House purchase with a common law partner - Down payment & House equity split?

  • Last Updated:
  • Mar 19th, 2022 4:12 pm
[OP]
Member
May 24, 2021
202 posts
130 upvotes

House purchase with a common law partner - Down payment & House equity split?

A close friend has asked me this question today, and I am not sure what the right answer should be.

He owns a 2-bedroom downtown condo in Toronto (FMV about $1M). His partner is paying him $1600 rent a month for the 2nd bedroom. With Covid, they have moved to another city working remotely for past 12 months. Now, his partner has found a better job in the new city, and they want to buy a $1.1M house there. My friend has yet to see if he can continue working remotely, or needs to find a job in the new city.

Although his partner has about the same salary income as my friend, his partner has little or no savings, which means my friend has to fund the new house 20% down payment entirely thru the Toronto condo refinance, or sell the condo, and/or liquidate his Tax Free Savings Account and his RRSP account. So, if my friend contributes 100% down payment towards the new house:

1) What % interest on the house title be recorded under tenant in common (as distinct from joint tenant)?
2) What % the monthly mortgage payment be shared between them?
3) His partner has proposed that, with my friend's 20% down payment (about $220k) towards the house, he is willing to have 40% interest on the house title. Is that fair?
4) If my friend and his partner splits one year later, I assume that his partner will get 40% of the house equity?

Thanks.
4 replies
Member
Jun 20, 2015
236 posts
136 upvotes
Instead of paying 20% down for the house, your friend may propose 5% down, that means 2.5% for each. That may be more affordable for his partner by cashing out his TFSA.

However, the 5% only applies to the first 500k of house price, and10% for remaining. So, for $1.1M house, it would be 85k down, or $42,500 each.
Deal Addict
Dec 28, 2008
1377 posts
164 upvotes
Toronto
RFD11111 wrote: Instead of paying 20% down for the house, your friend may propose 5% down, that means 2.5% for each. That may be more affordable for his partner by cashing out his TFSA.

However, the 5% only applies to the first 500k of house price, and10% for remaining. So, for $1.1M house, it would be 85k down, or $42,500 each.
Unfortunately for these buyers anything over 999,999.99 requires 20% down.
Newbie
Nov 27, 2014
58 posts
75 upvotes
Toronto, ON
There was one thread on how home txn with common law partner went wrong . I think your friend must need to read that thread and learn form their mistakes and act
Newbie
May 9, 2017
56 posts
151 upvotes
It be best if they consult a lawyer and sign a cohabitation agreement to sort this out.

As per your questions, in Ontario:
Common law couples are not legally required to split property acquired when they lived together.

Furniture, household items and other property belong to the person who bought them. Common law couples do not have the right to split an increase in value of the property they brought with them to the relationship.

If you contributed to property your spouse owns, you may have a right to part of it. Unless your spouse agrees to pay you back, you may have to go to court to get back your contribution.

Although there is no requirement to divide property on separation, common law spouses may choose to enter into a domestic contract such as a cohabitation agreement or separation agreement that sets out their respective rights to property.
Edit: Just my opinion, but your friend's partner is not being fair and should not be on title since your friend is contributing 100% to the down payment. However, if they sign a binding cohabitation agreement, they can agree to whatever they want and your friend's partner can then be on title.

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