Unlike married couples, common law partners have ZERO automatic right to property division. Here's what you need to know to protect yourself.
Property: Unlike married couples, common law partners have ZERO automatic right to property division or the Matrimonial Home.
Support: You are considered a "spouse" for support obligations after 3 years of living together (or immediately if you have a child).
The Remedy: To claim a share of assets, you must prove "Unjust Enrichment" or a "Joint Family Venture" in court.
The biggest misconception about common law relationships in Ontario is that time creates rights. It doesn't.
"We lived together for 7 years, so I automatically get half of everything."
Length of cohabitation does NOT create property rights in Ontario. The Family Law Act excludes common law partners from automatic property division.
"I helped pay the mortgage and renovate the house, so I own part of it."
If your name isn't on the deed, you have no automatic ownership. You must prove unjust enrichment in court to claim any share.
Legal definitions trump biology and time. If your name isn't on the deed, you are vulnerable. The law does not recognize "common law marriage" as equivalent to legal marriage when it comes to property rights.
A cohabitation agreement is the only way to create certainty about property rights in a common law relationship. Think of it as relationship insurance—you hope you never need it, but you'll be grateful you have it.
Clarify ownership, contribution expectations, and what happens upon separation.
Protect family wealth and assets received from parents or grandparents.
Shield your company from claims based on indirect contributions.
Define how joint and separate accounts will be treated.
Set clear expectations about support obligations (or waive them entirely).
Ensure you're not liable for your partner's debts upon separation.
Don't leave your financial future to chance. A properly drafted cohabitation agreement provides clarity, protection, and peace of mind.
If you don't have a cohabitation agreement and your relationship ends, your only option is to prove unjust enrichment in court. This is a complex, expensive, and uncertain process.
You must prove that your partner received a tangible benefit. This could be:
You must show that you suffered a corresponding loss. Examples include:
Finally, you must prove there was no legal reason for the enrichment. This means:
If you can prove unjust enrichment, the court will then determine the remedy. The most powerful remedy is proving a "Joint Family Venture"—essentially arguing that your relationship functioned like a business partnership.
If the court finds a Joint Family Venture existed, you may be entitled to a share of the accumulated wealth proportional to your contributions—not just compensation for specific expenses.
The Supreme Court of Canada established the modern framework for unjust enrichment claims and introduced the "Joint Family Venture" analysis. This landmark case confirmed that domestic contributions can create property rights—but only if you can prove all three elements of unjust enrichment.
The foundational case that first recognized unjust enrichment as a remedy for common law partners. Ms. Becker worked on the family farm for 19 years without compensation. The Court awarded her a share of the property based on her contributions, establishing that unpaid domestic labor can create property rights.
While property rights differ dramatically between married and common law couples, support obligations are more similar—with some critical distinctions.
You are considered a "spouse" for support purposes if you:
Critical Difference: Common law partners have a 2-year limitation period to claim spousal support from the date of separation. Married spouses have no time limit.
Good news: Child support and custody laws are identical for married and unmarried parents.
| Issue | Common Law | Marriage |
|---|---|---|
| Property Division | No automatic right. Must prove unjust enrichment. | Automatic 50/50 split of matrimonial property. |
| Matrimonial Home | No special protection. Name on deed controls. | Both spouses have equal right to possession. |
| Spousal Support | Available after 3 years (or with child). 2-year limitation period. | Available immediately. No limitation period. |
| Child Support | Identical to marriage | Identical to common law |
| Custody/Parenting | Identical to marriage | Identical to common law |
Walking away from a common law relationship? Make sure you have proof of your contributions. This checklist will help you document everything you need to protect your rights.
Get clear answers to the most common questions about common law property rights in Ontario.
Yes. Unlike marriage, there is no automatic right to possession of the home for common law partners. If your name is not on the lease or deed, you have no legal right to remain in the property, regardless of how long you've lived there or how much you've contributed financially.
The only exception would be if you can obtain a court order based on an unjust enrichment claim, but this takes time and requires strong evidence. In the meantime, the legal owner can ask you to leave.
No. Per Family Law Act s. 55(1), cohabitation agreements must be:
Verbal promises or handshake deals have no legal weight in Ontario family law. If you want to protect your rights, get it in writing.
The limitation period depends on the type of claim:
Critical: It's essential to act quickly to preserve your rights. Once the limitation period expires, you lose your ability to make a claim—no matter how strong your case is.
No—and this is the most dangerous misconception. Here's the breakdown:
Common law partners have ZERO automatic right to property division or the matrimonial home. You must prove unjust enrichment in court.
You are considered a "spouse" for support obligations after 3 years of living together (or immediately if you have a child). However, you only have 2 years to claim support from the date of separation.
Child support and custody laws are identical for married and unmarried parents. Both parents have equal rights and responsibilities.
Unjust enrichment claims are among the most expensive and complex family law cases. Typical costs include:
The Better Option: A properly drafted cohabitation agreement costs $2,000 - $5,000 and provides certainty. It's relationship insurance that pays for itself many times over.
Yes—and you should. While it's ideal to have a cohabitation agreement before moving in together, you can create one at any point during your relationship.
Common triggers for creating an agreement mid-relationship include:
The key is ensuring both parties receive independent legal advice and that the agreement is fair. Courts can set aside agreements that are unconscionable or signed under duress.
The family law system does not automatically protect common law partners. Proactive planning is the only way to protect your assets. If you are separating without an agreement, you need a strategy immediately.
Get a cohabitation agreement drafted immediately. Protect your assets before it's too late.
Document all contributions immediately. The 2-year limitation period starts ticking from the date of separation.
Act now. Every day that passes weakens your case and brings you closer to the limitation deadline.
Consultations available in-person or virtually across Ontario