There is a belief so widespread in Ontario that many people treat it as settled law: live together for three years and you are “basically married,” with a right to half of everything. It is wrong, and people usually discover that at the worst possible moment, when a relationship has ended and the home they helped pay for is in their partner’s name alone.
Ontario does recognize common-law relationships, but only for some purposes. On support and children, the rights of unmarried couples are often close to those of married couples. On property and the family home, they are very different. Knowing which side of that line your question falls on will shape almost every decision you make in the first months after you separate.
This article offers general information about Ontario law, not legal advice. Facts matter a great deal in these cases, so please speak with a lawyer about your own circumstances.
Myth One: There Is a “Common-Law Marriage”
Ontario has no such status. You do not become married by living with someone, no matter how long. “Common-law” is a shorthand for couples who live together without marrying, and the legal consequences depend on which statute applies and how that statute defines a spouse.
The Family Law Act contains two definitions. The general one, which governs property equalization and the matrimonial home, covers only people who are married (or who entered in good faith into a marriage that turned out to be void or voidable). The support definition in Part III is wider. It adds unmarried people who have cohabited continuously for at least three years, or who have lived together in a relationship of some permanence and are the parents of a child together.
So a couple can be “spouses” for support and strangers for property, at the same time, under the same Act. That single point explains most of the confusion. It also explains why a form, a tax return or an immigration application calling you a common-law partner does not settle your family law rights. Other laws, including income tax and immigration rules, use their own definitions and time periods.
Myth Two: We Split Everything When We Separate
Married spouses in Ontario equalize the growth in their net family property. Unmarried partners have no equivalent right. As the province’s own guidance puts it, common-law couples are not legally required to split property acquired while living together. As a starting point, what you own remains yours and what your partner owns remains theirs.
That can produce results that feel unfair. In a purely hypothetical example, suppose Dana and Priya lived together for eleven years in a Brampton townhouse bought in Dana’s sole name before they met. Dana’s investments grew and the home’s value rose. Priya’s salary went largely to groceries, the car and childcare while Dana paid down the mortgage. On separation, Priya has no automatic right to half the home’s increase in value. If they had married, the analysis would have been completely different.
Joint ownership is a separate matter. If both names are on title or on a bank account, each partner has an interest. Debts work in a similar way: a loan or credit card in your name is generally yours, and a joint debt can be pursued against either of you by the lender, whatever the two of you agree between yourselves.
What You Can Claim: Unjust Enrichment and Trust Claims
Having no equalization right does not mean you have no claim. If you contributed to property your partner owns, you may be able to bring a claim based on unjust enrichment. The question is broadly whether your partner received a benefit, you suffered a corresponding deprivation, and there is no valid reason for it, such as a contract or a gift.
The Supreme Court of Canada’s decision in Kerr v. Baranow, 2011 SCC 10, is the leading case. It recognized that where a couple’s efforts amount to a “joint family venture,” a court may look at the wealth the couple built together and may award money measured by a share of that wealth. Courts consider factors such as mutual effort, economic integration, actual intent and the priority given to the family. In some cases, a court can award an interest in the property itself through a constructive trust, if a money award would not be enough and there is a sufficient link between the contribution and the property.
These claims are real, but they are not simple. Unlike equalization, which follows a formula, they depend on evidence of what each of you contributed and what you understood. They can take a long time, and they generally belong in the Superior Court of Justice. Useful records include:
- bank statements showing who paid the mortgage, renovations and household bills
- receipts and photos of work done on the home, including your own labour
- emails or messages discussing plans for the property, such as “this will be our place”
- evidence of career sacrifices, such as reducing work hours to look after children
- records of how money was pooled or shared
Do not sit on these claims. Limitation periods apply to property-based claims, and the applicable period can depend on whether the claim concerns money or an interest in land. Get advice on timing as soon as you can, because a late claim can be lost regardless of its merits.
Myth Three: Only a Married Spouse Gets Spousal Support
Unmarried partners can claim support if they meet the Part III definition. The three-year period is continuous cohabitation. If you have a child together, the shorter “relationship of some permanence” route may apply even if you lived together for less than three years. Short breaks may raise questions about whether cohabitation was continuous, so note the exact dates of any time apart.
Meeting the definition only opens the door. It does not guarantee support. The province explains that a person usually needs to show a basis for the claim: for example, that their role in the relationship held back their career, that separation has left them in financial need while the other partner has the ability to pay, or that an agreement provides for it. A judge also looks at factors such as age, health, the length of the relationship and childcare responsibilities. The Spousal Support Advisory Guidelines are often used to help estimate a range, though they are not binding.
Older articles and forum posts may tell you that a common-law partner has two years from separation to apply for support. Be careful with that advice. The two-year section was repealed from the Family Law Act, and the Limitations Act, 2002 now says there is no limitation period for a proceeding to obtain support under the Family Law Act. That does not mean delay is harmless. Waiting can make it harder to prove need, and it may limit how far back a court will award support. If you think you have a claim, raise it promptly and in writing.
Children: Marriage Makes Almost No Difference
On parenting and child support, the marital status of the parents does not change the basic rights or obligations.
Parents who never married use the Children’s Law Reform Act for parenting orders instead of the federal Divorce Act, but the governing test is the same in substance: the child’s best interests, with primary consideration given to the child’s physical, emotional and psychological safety, security and well-being. Living with the child most of the time, or being the higher earner, does not give either parent an automatic upper hand.
Child support belongs to the child. It is generally calculated under child support guidelines, based largely on the paying parent’s income and the number of children. Special or extraordinary expenses, such as childcare, may be shared. A parent cannot waive it in exchange for peace, and a court can disregard an unreasonable agreement. For more about how these amounts work, see our page on child and spousal support.
If you have a child together and were never married, your parenting arrangement also needs real attention. Without an agreement or order, neither parent has a clear document to show a school, a doctor or a passport office. Our page on parenting and custody matters outlines the usual issues.
The Home: Why Leaving Is a Bigger Decision for You
The matrimonial home rules do not apply to unmarried couples. If the home is in your partner’s sole name, you do not have the equal right to possession that a married spouse has, and a family court cannot give you exclusive possession under Part II. The other partner can generally end your occupancy, although they should do so lawfully and safely, and the presence of children or safety concerns may lead to other orders.
If you rent, check the lease. Both tenants may have rights and obligations, and simply moving out does not necessarily end your responsibility to the landlord. If you are the only person on the lease, the question of whether your former partner can stay becomes a different conversation.
Safety rules are more even-handed. A restraining order under the Family Law Act is available against a person with whom you have cohabited for any period of time, not only a spouse who has lived with you for years. The Children’s Law Reform Act also provides for restraining orders against any person in some situations. If you are in danger, call 911, and Peel Regional Police can respond regardless of your relationship status.
When a Partner Dies
Couples who assume their relationship works like a marriage often overlook what happens on death. If someone dies without a will in Ontario, the intestacy rules give inheritance rights to a married spouse. An unmarried partner does not inherit automatically under those rules.
There are other protections. A dependant, including a common-law partner who meets the required cohabitation period, may be able to claim support from the estate if adequate provision was not made. Named beneficiary designations on insurance policies, RRSPs and similar assets generally still operate. Pension plans have their own rules. Even so, these are poor substitutes for a will, and a quick review of beneficiary designations can prevent years of difficulty.
Cohabitation Agreements: Fixing This in Advance
Couples who live together or plan to can sign a cohabitation agreement under section 53 of the Family Law Act. It can cover ownership and division of property, support and other matters. If they later marry, the agreement is treated as a marriage contract. It cannot decide decision-making responsibility or parenting time for children, and a court can review child support terms.
To be enforceable, it must be in writing, signed by both partners and witnessed. It can be set aside in some circumstances, including if a party failed to disclose significant assets or debts, or did not understand the nature or consequences of the agreement. Separate legal advice for each partner, along with honest financial disclosure, makes it more likely the agreement will hold up.
A cohabitation agreement is also a useful tool when one partner is moving into a home the other already owns. Many Peel couples buy with help from parents, or combine households after earlier relationships. Writing down what each person put in and what is expected on separation can avoid a much harder dispute later.
If You Have Just Separated
Some early steps can protect you, whichever way things go:
- Write down the dates you started living together, any breaks and the date you separated.
- Copy financial records while you still have access, and keep your copies somewhere safe.
- Open a bank account in your own name and review joint accounts and credit.
- Keep paying for your children’s needs and record what you pay.
- Avoid signing anything your former partner presents as “just a formality.”
- Get legal advice before moving out of a home you do not own, particularly if children are involved.
Common-law separations are often harder emotionally because people feel the law has not recognized what they built together. Sometimes that is true, and sometimes there is a stronger claim than they first thought. A lawyer can sort out which of those situations applies to you, and you are welcome to contact our office if you want to go through your options.