Welcome to the Tailor Law Podcast, brought to you by Tailor Law Professional Corporation—a leading family and divorce law firm serving Ontario. I’m your host, and today we’re exploring an important topic that impacts many couples in Ontario: common law relationships and the legal details you need to know.
In Ontario, common law relationships are becoming increasingly common as more couples choose to live together without getting married. But what does that mean from a legal perspective? How are common law partners treated differently from married couples under Ontario law? Today, we’ll break it all down.
Let’s start with the basics. In Ontario, a common law relationship is defined under the Family Law Act primarily for spousal support purposes. To qualify as common law, you must have lived together in a conjugal relationship for at least three years. If you share a child by birth or adoption, that time frame shortens to a period of one year. However, unlike married couples, common law partners do not have automatic rights to property division when the relationship ends.
This often comes as a surprise to many people. In a marriage, property acquired during the marriage is subject to equal division through the process of equalization. But in a common law relationship, ownership typically stays with whoever holds the title. That means if one partner owns the home and the other does not, the non-owning partner may not have any claim to that property upon separation. This can create serious challenges, especially for couples who have been together for many years but never formally married.
So, how can common law partners protect themselves? This is where cohabitation agreements come in. A cohabitation agreement is a legally binding contract that outlines how property, debts, and other financial matters will be handled if the relationship ends. It can also address spousal support obligations. This agreement functions similarly to a prenuptial agreement but is designed for unmarried couples. If you’re in a common law relationship or considering moving in with your partner, it’s wise to have this agreement in place to protect both parties.
Now, let’s talk about spousal support. Under Ontario law, common law partners may be entitled to spousal support if they meet the criteria I mentioned earlier. However, entitlement isn’t automatic. The partner seeking support must demonstrate economic disadvantage resulting from the relationship or its breakdown. Factors like the roles each partner played during the relationship and financial dependence are considered when determining spousal support.
Inheritance rights are another area where common law partners are treated differently. Unlike married spouses, common law partners are not automatically entitled to inherit from each other’s estates if one partner passes away without a will. This makes estate planning critical for common law couples. Drafting a valid will ensures your partner is taken care of and prevents legal complications for surviving family members.
Another important topic is the shared responsibilities around children. In Ontario, parenting arrangements—like decision-making responsibility and parenting time—are determined based on the best interests of the child, regardless of the parents’ marital status. Common law partners have the same rights and responsibilities toward their children as married couples. However, disputes over custody and support can become complex, so seeking legal advice is crucial.
Ending a common law relationship also involves unique legal considerations. Since property division doesn’t apply the same way as it does in a marriage, many common law partners face challenges when separating shared assets. In some cases, a partner may make a claim for a constructive trust or unjust enrichment if they’ve contributed to the value of an asset, like renovating a home owned by the other partner. These claims require legal action and can be complex to navigate.
This complexity makes it essential to plan ahead. Having clear agreements, proper estate planning, and understanding your rights can prevent costly legal battles in the future.
At Tailor Law, we understand how emotional and legally challenging relationships can be, whether you’re entering into a common law relationship or navigating a separation. Our experienced family lawyers can help you draft cohabitation agreements, advise you on spousal support, and represent you during separations or disputes.
If you’re in a common law relationship or considering moving in with your partner, protect your future by consulting with a family lawyer. Visit Tailor Law to book a consultation with our experienced legal team. We’re here to guide you through every step of your legal journey.
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Until next time, take care and remember—Tailor Law is here to help you navigate family and divorce law in Ontario.