Living together creates specific legal obligations—but they aren't the same as marriage. Learn your rights regarding support, the family home, and your partner's pension.
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Legal Review: This rights guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Act provisions for unmarried couples.
In Ontario, common law spouses (living together 3+ years or having a child) have the same right to Spousal Support and Child Support as married couples. However, they have NO automatic right to Property Division (Equalization) and NO right to stay in the family home if they do not own it.
To claim a share of property, a common law partner must prove they contributed value to the relationship through a legal claim called 'Unjust Enrichment' or 'Constructive Trust'.
If you meet the 3-year rule (or have a kid), you can claim alimony based on the SSAGs just like a married person.
You generally keep your own assets and debts. You do not split the increase in value of your assets.
If your name isn't on the deed, you can be evicted. You do not have the special 'Part II' matrimonial home protections.
If you worked unpaid in your partner's business or paid for renovations on their house, you enriched them at your expense. The law recognizes this as unfair and allows you to claim compensation for the value you created.
You can sue for a share of the value you created. Courts look for a "Joint Family Venture" where you acted as an economic team—pooling resources, making joint decisions, and building wealth together.
The only way to get "married rights" without marrying.
If you don't want to share, keep accounts separate. If you *do* want to share, put both names on the title.
Common law spouses don't automatically inherit. You must name them in your Will and Insurance policies.
Keep receipts of any money you spend on your partner's property.
No. CPP credits can be split, but private pensions are not automatically divided unless you have a court order for Constructive Trust.
Senior Family Lawyer
Deepa Tailor advocates for the rights of common law partners, helping them secure fair support settlements and litigate complex constructive trust claims.
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