Common Law Separation Lawyers
The rules are different. The risks are higher. Understand your rights in Ontario before you move out.
Assess Your Common Law RightsPrincipal Lawyer Note: Common Law property rights in Ontario are widely misunderstood. This guide was reviewed by Deepa Tailor in November 2025 to clarify the distinction between "Married" and "Common Law" under the Family Law Act.
The Reality Check
What most people believe vs. what the law actually says
The Myth
"We lived together for 3 years, so I am automatically entitled to half the house and assets."
The Law (Ontario)
Common Law couples have ZERO automatic property rights. You do not get an 'Equalization Payment.' You leave with what is in your name only—unless you sue.
Critical Distinction
Married Couples: Automatic 50/50 split of property value accumulated during marriage (Family Law Act, Part I).
Common Law Couples: No automatic rights. Must prove contribution through litigation (Constructive Trust or Unjust Enrichment claims).
Unjust Enrichment Claims
The Problem
You paid for the renovations, covered the mortgage, or contributed financially—but the house is in their name.
The Fix: Constructive Trust Claims
If you contributed value to an asset (financial, labor, or otherwise), we can sue for a share of that value based on Unjust Enrichment.
The court will examine whether your partner was enriched, whether you suffered a corresponding deprivation, and whether there's a legal reason for it.
The Disruptor Angle
"It's not automatic, but it is fightable. We build the paper trail to prove your contribution."
What We Prove in Court:
- Financial contributions (mortgage, renovations, utilities)
- Labor contributions (home improvements, property maintenance)
- Childcare or domestic contributions that enabled asset accumulation
- Joint intention to share property (emails, texts, witness testimony)
The Home is NOT Protected
Critical difference between married and common law couples
Unlike married couples, you have no right to stay in the home if your name isn't on the title. You can be locked out.
Under the Family Law Act, married spouses have an automatic right to possess the matrimonial home, regardless of whose name is on the title. Common law partners do not have this protection.
Common Law
- No automatic right to stay
- Can be evicted by title holder
- No protection under FLA Part II
Married Spouses
- Automatic possession rights
- Cannot be locked out
- Protected under FLA s. 19
Immediate Action Required
If you fear being evicted or locked out of your home, call us immediately. We can seek emergency court orders to protect your access while we litigate your property claim.
(905) 366-0202Prevention is Better Than Litigation
Moving in together? Don't leave it to chance.
A Cohabitation Agreement protects both partners by clearly defining property rights, financial responsibilities, and what happens if the relationship ends. It's the smart way to start a life together.
Property Protection
Define who owns what and how assets will be divided if you separate.
Financial Clarity
Establish expectations for expenses, debts, and support obligations.
Avoid Litigation
Save thousands in legal fees by having clear terms from the start.
Child Support Applies to Common Law Parents Too
Whether married or common law, child support obligations are the same. Use our free calculator to understand your financial responsibilities.
Calculate Child Support NowCommon Law Rights: Your Questions Answered
Clear answers to the most common questions about common law separation in Ontario.
Still have questions?
View Full FAQ LibraryDon't Walk Away With Less Than You Contributed
Common law property claims are complex, but they're winnable with the right strategy and evidence.
Free 30-minute case assessment
Strategic litigation planning
Evidence gathering guidance
Call us directly
(905) 366-0202