The Common Law Myth: Why Living Together Doesn't Mean You Own Half
A guide to Cohabitation Agreements, Property Rights, and protecting your assets in Ontario.
Legal Strategy reviewed by Deepa Tailor, Senior Family Lawyer. Updated January 2026 to reflect current Ontario common-law and cohabitation agreement law.
Too Busy to Read? The 30-Second Answer
The Status: In Ontario, "Common Law" status kicks in after 3 years of cohabitation (or 1 year if you have a child together).
The Myth: "I have lived here for 10 years, so the house is half mine." (FALSE).
The Reality: Unlike married couples, Common Law partners have NO automatic right to divide property. You generally leave with only what is in your name, unless you have a Cohabitation Agreement or prove "Unjust Enrichment."
When Do You Become 'Common Law'?
Many couples are surprised to learn that the definition of 'spouse' changes depending on which law you are looking at.
For Spousal Support obligations, you are considered common law after 3 years of continuous cohabitation, or immediately if you have a child together in a relationship of some permanence.
However, for Property Rights, the time limit doesn't matter. You could live together for 30 years, but without a marriage license or a Cohabitation Agreement, the 'Matrimonial Home' protections do not apply to you.
Time does not create property rights for common-law couples in Ontario. Only marriage or a written agreement does.
The Marriage Myth vs. Common Law Reality
The Marriage Myth
"If we separate, we split everything 50/50 just like a divorce."
The Common Law Reality
In Ontario, the default is 'What's yours is yours.' If the house is in your partner's name, you have no right to stay there and no right to half the equity, unless you go to court to prove you contributed financially.
How to Protect Yourself: The Cohabitation Agreement
Think of this as a 'Prenup' for unmarried couples. It is a legally binding contract that dictates exactly what happens if you break up.
Property Division
Who keeps the house? Do you get your deposit back? Define ownership percentages and buyout terms before conflict arises.
Spousal Support
Waiving the right to support if you break up, or setting clear terms for how much and for how long support will be paid.
Debt Protection
Ensuring you aren't liable for their student loans or credit cards. Keep financial obligations separate and clear.
The Risk of No Agreement: Unjust Enrichment
If you don't have an agreement, the only way to claim a share of your partner's assets is to sue them for 'Unjust Enrichment.' You must prove three things to a judge:
- 1Your partner was enriched (e.g., you paid for renovations on their house).
- 2You suffered a deprivation (e.g., you lost savings paying for those renos).
- 3There is no legal reason for this (e.g., it wasn't a gift).
This is expensive, messy, and hard to prove. A Cohabitation Agreement avoids this entirely.
Drafting Your Agreement: The Checklist
- Full Financial Disclosure (You must list all assets/debts or the contract is void).
- Independent Legal Advice (Both partners need their own lawyer).
- The "Matrimonial Home" plan (Who moves out?).
- Pet Ownership (Who keeps the dog?).
Frequently Asked Questions
Related Resources
Who Gets the Dog? Pet Custody in Ontario
Learn how courts handle pet ownership disputes and what you can do to protect your furry family member.
Spousal Support Guidelines: Do I Have to Pay?
Understand when spousal support applies to common-law relationships and how much you might owe.
The Matrimonial Home: Rules for Married Couples
Discover the special protections married couples have that common-law partners don't.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is a Senior Family Lawyer with extensive experience in cohabitation agreements, property disputes, and common-law relationship matters. She helps couples protect their assets and plan for the future with clarity and confidence.
Move In with Confidence
Don't leave your financial future to chance. A tailored Cohabitation Agreement protects both of you and ensures clarity if the relationship ends.
Draft Your Agreement Today