Living with a partner without being married is becoming more and more common in Ontario. But here’s the thing. Unmarried couples, also known as common law partners, don’t always have the same legal rights as married couples. Issues like property rights for unmarried couples in Ontario, business assets, money, and kids don’t always work the same way for unmarried partners as they do for married spouses. And when you’re sharing a home, raising kids, or even separating, that difference can really matter.
If you’re in a common law relationship, you might be wondering: What exactly are my rights? What happens if things don’t work out? Those are definitely big, important questions you need to ask yourself. At Tailor Law, we understand that these situations are personal and often emotional. It can feel confusing, stressful, even unfair at times. Our experienced family lawyers are here to help people in Mississauga, Toronto, and across the GTA understand, assert, and protect their property rights as unmarried partners before, during, or after cohabitation.
Quick Answer: What Are Property Rights for Unmarried Couples in Ontario?
In Ontario, if you’re in a common-law relationship, you don’t automatically get the same property rights as a married spouse. That means things like dividing the house or other assets can work differently. And in a worst-case scenario that you separate, you don’t have a guaranteed right to half of everything. But that doesn’t mean you’re left with nothing. Still, you may be entitled to spousal support or child support, and in some cases, you can make a claim for property if you’ve contributed to it or helped increase its value.
Bottom line: common law partners do have rights. It’s just not always straightforward as a married spouse. That’s where having an experienced family lawyer like Tailor Law who knows the ins and outs of these cases, makes a huge difference.
Service Overview: Understanding Property Rights for Unmarried Couples
Unlike married spouses, common-law and unmarried partners in Ontario are not entitled to equalization of property. Each partner typically keeps what is in their name, but there are important exceptions and legal remedies.
Why Legal Support for Property Rights Matters
- Clarifies what you are entitled to at the end of a relationship
- Protects your financial interests before, during, or after cohabitation
- Helps you draft cohabitation or separation agreements
- Guides you through complex claims for property or compensation
- Reduces the risk of costly and stressful disputes
Key Issues in Property Rights for Unmarried Couples
- No Automatic Property Division:
- Each partner keeps assets in their own name. You don’t automatically split property the way married couples do. But if you put money, work, or effort into something, like your home, you may be able to claim a share.
- Joint Ownership:
- If both your names are on the property, it’s usually divided equally, unless you’ve agreed otherwise..
- Claims Based on Contributions:
- Even if the property is only in your partner’s name, you may still have rights. If you contributed money, work, or care to property owned by your partner, you may have a claim for a share (resulting in trust or unjust enrichment).
- Unjust Enrichment:
- Courts don’t like when one person walks away with all the benefits while the other is left with nothing. A judge may award compensation if one partner is clearly gaining and unfairly enriched at the expense of the other.
- Cohabitation Agreements:
- This is a legal contract you and your partner can sign to lay out exactly how property will be handled if the relationship ends. Think of it as setting clear rules now to avoid conflict later with your common-law parter.
- Separation Agreements:
- In worst-case, if things don’t work out and you ended up breaking up with your common-law partner, a separation agreement can settle property, support and other issues so you both have clarity moving forward. Outlines terms for property, support, and other issues after a breakup.
Learn more about Cohabitation Agreements
Why Choose Tailor Law for Property Rights for Unmarried Couples?
- 10+ Years of Family Law Experience: Our lawyers have helped hundreds of unmarried couples protect their property rights in Mississauga, Toronto, and the GTA.
- Strategic, Personalized Advocacy: We tailor our advice and agreements to your unique situation and goals.
- Clear Communication: We explain your rights, options, and the likely outcomes of different approaches.
- Comprehensive Support: From drafting agreements to representing you in court, we handle every stage of your property matter.
- Multilingual Team: Serving the diverse communities of the GTA in multiple languages.
How We’re Different
| Feature | Tailor Law PC | Other Firms |
| Common-Law Property Focus | ✔ Deep expertise in unmarried 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 Property Rights for Unmarried Couples
- Free Consultation:
We assess your relationship, property situation, and goals.
- Legal Assessment:
Our lawyers analyze ownership, contributions, and potential claims for property or compensation.
- Agreement Drafting or Review:
We prepare or review cohabitation or separation agreements to clarify property division.
- Negotiation & Representation:
We negotiate with your partner or their lawyer, and represent you in court if necessary.
- Ongoing Support:
We provide continued advice as your relationship or circumstances change.
Book your free confidential consultation
Take the First Step Clarify and Protect Your Property Rights in Ontario
Whether you’re moving in, breaking up, or figuring out parenting, you deserve clarity and peace of mind. Now is the time to understand and protect your rights. Your relationship is unique, and so are your rights. 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 helped me understand my property rights as a common-law partner and draft a fair agreement.”
— K.P., Mississauga
“Their team explained my options and helped me get compensation for my contributions to our home.”
— S.R., Toronto
“I was worried about losing everything after my breakup, but Tailor Law protected my interests.”
— L.J., Brampton
Free Guide & Trust Signals
Download Your Free Guide to Property Rights for Unmarried Couples in Ontario
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Frequently Asked Questions About Property Rights for Unmarried Couples in Ontario
1. Do unmarried couples split property 50/50 in Ontario?
No. Each partner keeps what is in their own name unless you have joint ownership or a valid agreement.
2. Can I claim a share of my partner’s house?
You may be able to claim an interest if you contributed financially or in other significant ways (unjust enrichment).
3. What is unjust enrichment?
It’s when one partner is unfairly enriched at the other’s expense. Courts may award compensation in such cases.
4. What if we bought property together?
Jointly owned property is generally divided equally, unless agreed otherwise.
5. Should we get a cohabitation agreement?
Yes. It clarifies property rights and can prevent future disputes.
6. Can we make a separation agreement if we break up?
Yes. It’s highly recommended to set out property, support, and other arrangements.
7. What if I paid for renovations or mortgage on my partner’s property?
You may have a claim for compensation or a share of the increased value.
8. Will a court enforce our agreement?
If properly drafted and executed, courts generally uphold cohabitation and separation agreements.
9. How long do I have to make a property claim after separation?
There are strict time limits. Consult a lawyer as soon as possible.
10. How much does legal support for property rights 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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[Alt text: Deepa Tailor, Managing Lawyer at Tailor Law PC]
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 unmarried couples in property disputes and agreements throughout 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 – Protect Your Property Rights as an Unmarried Partner
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.
