Common law relationships are increasingly common in Ontario, but the legal rights and obligations of common law spouses differ significantly from those of married couples. Understanding your rights is essential for protecting your interests whether you’re moving in together, separating, or facing a dispute about property, support, or parenting. At Tailor Law, our experienced common law spouse rights lawyers in Ontario help clients in Mississauga, Toronto, and the GTA navigate the complexities of common law spouse rights with clarity and confidence.
Quick Answer: What Are Common Law Spouse Rights in Ontario?
Common law spouses in Ontario do not have the same automatic rights to property division as married spouses. However, they may be entitled to spousal support, child support, and can make claims for a share of property based on contributions or unjust enrichment. Tailor Law’s experienced common law spouse rights lawyers in Ontario help you understand, assert, and protect your rights whether you’re starting a relationship, living together, or separating.
Service Overview: Understanding Common Law Spouse Rights
Ontario law treats common law partners differently than married spouses, especially regarding property division. However, common law spouses have important rights and responsibilities, particularly concerning support and parenting.
Why Legal Support for Common Law Spouses Matters
- Clarifies your rights and obligations at every stage of your relationship
- Protects your interests in property, support, and parenting disputes
- Helps you draft cohabitation or separation agreements
- Ensures fair outcomes in complex or high-conflict cases
- Provides peace of mind for you and your family
Key Legal Issues for Common Law Spouses
- Property Rights:
- No automatic right to property division. Claims for a share of property may be made based on contributions (resulting trust, unjust enrichment) or joint ownership.
- Spousal Support:
- May be available if you have lived together for at least three years, or less if you have a child together and the relationship is of some permanence.
- Child Support & Parenting:
- Both parents have equal rights and responsibilities regarding their children, regardless of marital status.
- Cohabitation Agreements:
- A legal contract that clarifies property, support, and other rights during and after the relationship.
- Separation Agreements:
- Outlines terms for property, support, and parenting following the end of a relationship.
Learn more about Cohabitation Agreements
Why Choose Tailor Law for Common Law Spouse Rights Ontario?
- 10+ Years of Family Law Experience: Our lawyers have helped hundreds of common law spouses protect their rights in Mississauga, Toronto, and the GTA.
- Personalized, Solution-Focused Advocacy: We tailor our advice and agreements to your unique situation and goals.
- Clear, Practical Communication: We explain your rights, obligations, and the potential outcomes of your decisions.
- Comprehensive Support: From agreements to court representation, we handle every aspect of your case.
- Multilingual Team: Serving the diverse communities of the GTA in multiple languages.
How We’re Different
| Feature | Tailor Law PC | Other Firms |
| Common Law Relationship Focus | ✔ Deep expertise in common law rights | ✖ Limited to married couples |
| Custom Agreements | ✔ Tailored to your needs | ✖ Generic templates |
| Transparent Billing | ✔ Upfront, clear pricing | ✖ Hidden or unclear fees |
| 24/7 Consultations | ✔ Always available | ✖ Limited hours |
| Multilingual Services | ✔ Languages for GTA communities | ✖ English only |
| Free Initial Consultation | ✔ No obligation, honest advice | ✖ Paid first meeting |
Our Process: How Tailor Law Supports Common Law Spouses
- Free Consultation:
We discuss your relationship, goals, and concerns, and explain your rights under Ontario law.
- Legal Assessment:
Our lawyers analyze your specific situation—property, support, parenting, or agreements.
- Agreement Drafting or Review:
We prepare or review cohabitation or separation agreements to protect your interests.
- Negotiation & Representation:
We negotiate with your partner or their lawyer, and represent you in court if necessary.
- Ongoing Support:
We provide continued legal advice as your relationship or circumstances change.
Book your free confidential consultation
Take the First Step – Clarify and Protect Your Rights
Whether you’re moving in together, separating, or facing a dispute, call (905) 366-0202 or book a confidential consultation online. Our lawyers are available 24/7, and your first meeting is always free.
Reviews & Testimonials
“Tailor Law explained my rights as a common law spouse and drafted a cohabitation agreement that gave us both peace of mind.”
— J.F., Mississauga
“Their team helped me secure fair spousal support after my relationship ended. Professional and compassionate.”
— G.R., Toronto
“I was able to protect my interest in our shared home thanks to Tailor Law’s advice.”
— M.P., Brampton
Free Guide & Trust Signals
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Frequently Asked Questions About Common Law Spouse Rights in Ontario
1. Do common law spouses have the same rights as married spouses?
No. Property division is different, but you may have rights to support and joint assets.
2. How long do we have to live together to be considered common law?
Three years, or less if you have a child together and a relationship of some permanence.
3. Can I claim part of my partner’s property?
You may be able to claim an interest if you contributed financially or in other significant ways.
4. Am I entitled to spousal support?
Possibly—if you meet the definition of a common law spouse under Ontario law.
5. What about child support and custody?
Both parents have equal rights and responsibilities, regardless of marital status.
6. Should we get a cohabitation agreement?
Yes. It clarifies rights and responsibilities, and can prevent future disputes.
7. Can we make a separation agreement if we break up?
Yes. It’s highly recommended to set out property, support, and parenting arrangements.
8. What if my partner and I own property together?
Ownership is determined by title and contributions. Legal advice is essential.
9. Will a court enforce our cohabitation or separation agreement?
If properly drafted and executed, courts generally uphold these agreements.
10. How much does legal support for common law spouses cost?
Fees depend on complexity. Tailor Law offers transparent, upfront pricing and payment plans. Your first consultation is free.
Lawyer Bio: Deepa Tailor
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Deepa Tailor, H.BSc, J.D.
Managing Lawyer, Tailor Law Professional Corporation
Deepa Tailor is a respected family lawyer with an H.BSc and J.D., and over a decade of experience advising and representing common law spouses in Ontario. A graduate of the University of Windsor Faculty of Law and a member of the Law Society of Ontario, Deepa is known for her clear, practical advice and client-centered approach.
This content was legally reviewed by Deepa Tailor, Managing Lawyer at Tailor Law PC.
Take Action Now – Secure Your Rights as a Common Law Spouse
Don’t leave your future to chance. Call (905) 366-0202 or book your free consultation online now. Our experienced family law team is ready to help—24/7.
