After Our Common-Law Split, He Transferred His Share of the House to Me — Does That Buy Out Child Support? Richmond Hill Chinese-Speaking Divorce Lawyer: No

A common-law couple bought a house together, title held in shares. When they split up, one transferred their share to the other and said: “That buys out child support, once and for all. Don’t come after me again — I’m done with the kids too.”

Short answer: no. A transfer is a transfer; child support is child support. Two different things. Signing over the house doesn’t wipe out support.

No marriage — how is property divided?

Without marriage, there is no equalization of property. In Ontario, when common-law partners separate, only jointly owned property gets divided — the house, by the shares on title. Your share is your share; his share is his share.

So the house itself is straightforward: divide by the shares, nothing to fight about. The real trouble is the money that changed hands with the transfer.

All the judge sees is a transfer

He signs his share over to you. To a judge, that’s simply property moving from one person to another. But what is that money — a property settlement? Child support? Spousal support? If the agreement doesn’t say, the judge has to decide.

You weren’t married, so there’s no equalization issue, and the house shares are already settled. With nowhere else for that money to land, a judge will most readily treat it as a lump-sum prepayment of child support. In other words: what he called a “buyout,” the judge will likely read as “he prepaid some support.”

Does transferring the house buy out child support?

No. Hear this clearly: child support is the child’s money. It’s not something the two of you can trade away.

Transferring the house doesn’t buy it out: the support obligation survives the transfer. A verbal “we’re done after this” doesn’t count: spoken promises carry almost no weight in court. Writing “no child support” into an agreement doesn’t work either: parents have no power to waive their child’s right — I’ve written about this before.

He thought handing over the house settled everything. But with the nature of that money left undefined, every dollar of support that should have been paid can still be pursued later.

Can a formal separation agreement define the money?

Yes. For that money to truly count, you need a formal separation agreement spelling out four things:

The house: how the share transfers, and at what value; What income support is based on: actual income — pre-tax — and yes, cash income counts too; How much per month, and until when; Lump sum or periodic: paying once versus paying monthly are legally two completely different things.

With those four nailed down, the money has a defined nature — no longer a mystery sum. But remember: that defines the money’s nature and the numbers as of now. It doesn’t lock in the future if his income rises.

Even a clear agreement — is that forever?

No. A separation agreement can state that the house money covers a certain number of years of support, calculated on the income at the time. That step is essential — without it, you can’t even say how many years were covered.

But here’s the hard truth up front: support follows income. Courts have consistently held the same principle: as the payor’s wages grow, the child’s support standard grows with them.

Example: at signing he earned $5,000 a month, and support was set on $5,000. Two years later he’s earning $10,000 — the other side can go to court and ask for recalculation on $10,000. A low number in the old agreement doesn’t block an upward revision.

More importantly: retroactive support claims have no time limit. What was underpaid in the past can still be recovered later.

So the “buyout” idea fails at its root: no amount of money today controls tomorrow’s income changes. What an agreement can do is settle the current accounts and define the money’s nature — not erase the child’s future support.

Can the court force him to take the kids every week?

No. Courts can order him to pay, but can’t make him show up. People often ask: if he won’t parent, can the court force him to take the kids every week? Honestly: a court can order him to pay, but it can’t order him to walk through your door on time every day. Money can be ordered; presence can’t. I’ll cover that together with parenting rights in a future piece.

A house transfer is just a house transfer. Leave support out of a formal agreement and that money stays undefined in a judge’s eyes — open to being re-characterized at any time. Put it in, and support still follows income: if income rises, it can be revised upward. Get the agreement right — but understand that the word “buyout” never existed to begin with.

Questions about child support or separation agreements? Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This article is general legal information, not legal advice, and does not create a lawyer-client relationship.