Unmarried Partners Rights Lawyers in Ontario
Expert legal guidance for unmarried couples. Protect your rights in property, support, and custody matters.
Legal review by
Quick Answer
Unmarried partners in Ontario have different rights than married couples. After living together for 3 years (or 1 year with a child), you may qualify for spousal support, but you have no automatic right to property division. Understanding your legal status and protecting your interests requires experienced legal guidance.
How We Protect Unmarried Partners
Comprehensive legal services for common-law relationships
Property Claims
We help you establish property claims through trust law, unjust enrichment, and constructive trust arguments when you’ve contributed to your partner’s assets.
Spousal Support
If you qualify as a common-law spouse, we can help you claim or defend against spousal support based on your relationship and financial circumstances.
Custody & Support
Unmarried parents have the same rights and obligations regarding children as married parents. We handle custody, access, and child support matters.
Key Differences: Married vs Unmarried Partners
| Issue | Married Couples | Unmarried Partners |
|---|---|---|
| Property Division | Automatic 50/50 split of matrimonial property | No automatic right; must prove contribution |
| Matrimonial Home | Equal rights regardless of ownership | Owner can sell or force partner to leave |
| Spousal Support | Eligible after any length of marriage | Eligible after 3 years together (or 1 year with child) |
| Child Support | Both parents equally responsible | Both parents equally responsible |
| Custody & Access | Both parents have equal rights | Both parents have equal rights |
| Inheritance Rights | Spouse can claim against estate | No automatic inheritance rights |
How Unmarried Partners Can Claim Property
Unjust Enrichment
The most common legal basis for property claims. You must prove three elements:
- 1.Your partner was enriched (gained value)
- 2.You suffered a corresponding deprivation (lost value)
- 3.There’s no legal reason for the enrichment
Constructive Trust
If you can prove unjust enrichment, the court may impose a constructive trust, giving you an ownership interest in the property. This is particularly relevant for:
- Contributing to mortgage payments on your partner’s home
- Renovating or improving your partner’s property
- Supporting your partner financially while they built a business
Joint Family Venture
If you and your partner operated as a team with mutual effort toward common goals, the court may find a joint family venture. Factors include:
- Mutual effort and teamwork
- Economic integration (shared finances)
- Actual intent to create a partnership
- Priority of the family (sacrificing career for family)
Spousal Support for Unmarried Partners
Who Qualifies?
Under the Family Law Act, you’re considered a “spouse” for support purposes if:
- You lived together continuously for 3 years or more, OR
- You lived together in a relationship of some permanence and have a child together
How Much Support?
Support is calculated the same way as for married couples:
- Based on income difference and length of relationship
- Spousal Support Advisory Guidelines apply
- Can be compensatory or non-compensatory
- May be time-limited or indefinite
Protecting Yourself as an Unmarried Partner
If You’re Moving In Together
- Consider a cohabitation agreement
- Document financial contributions in writing
- Keep separate bank accounts for tracking
- Get legal advice before buying property together
If You’re Separating
- Get legal advice immediately about your rights
- Gather evidence of contributions and sacrifices
- Document the length and nature of your relationship
- Don’t sign anything without legal review
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion. Deepa holds a B.Sc. (University of Toronto) and J.D. (University of Ottawa), and regularly shares legal insights to educate and empower individuals going through complex family law matters.
Protect Your Rights as an Unmarried Partner
Don’t assume you have the same rights as married couples. Get expert legal advice to understand and protect your interests.