Introduction
Ever wondered what actually counts as a “common law” relationship in Ontario or the rest of Canada? Is living together enough, or is there more to it? The landscape of family law is constantly evolving, and with more couples choosing not to marry, the rights and obligations of common law partners have never been more important—or more misunderstood.
Let’s pull the curtain back. In this all-in-one guide, Common Law 101: What Is Common Law in Ontario & Canada, we’ll break down exactly what “common law” means, how it’s treated under Ontario and Canadian law, what rights and responsibilities come with it, and how leading family lawyers like Tailor Law PC can protect your interests. Whether you’re considering cohabitation, separating, or just want to know your rights, this article will leave no stone unturned.
Table of Contents
- What Is Common Law in Ontario & Canada?
- How Do You Qualify as Common Law?
- Rights and Obligations of Common Law Partners in Ontario
- How Is Property Divided After a Common Law Separation?
- What About Children? Child Custody, Support, and Parenting
- Spousal Support for Common Law Couples
- Common Law vs. Marriage: What’s the Difference?
- How to Protect Yourself in a Common Law Relationship
- Common Law Myths Busted
- Conclusion](#conclusion)
What Is Common Law in Ontario & Canada?
Let’s get to the heart of the matter. In the legal world, “common law” isn’t just about living together or sharing a Netflix account. In Ontario and across Canada, a common law relationship refers to two people who live together in a conjugal (intimate, marriage-like) relationship but aren’t legally married.
But hold your horses—what makes a relationship “marriage-like”? It’s not as simple as just shacking up for a few months. For legal recognition, Ontario and Canadian laws set specific criteria and thresholds.
Defining Common Law:
- Cohabitation: Living together in a conjugal relationship.
- Time Thresholds: Generally, cohabiting for at least three years, or less if you have a child together.
- Not Legally Married: You have not formally married under the laws of Ontario or Canada.
Where Do These Rules Come From?
- Federal Law (e.g., for taxes, immigration, and spousal support): Usually requires one year of continuous cohabitation.
- Ontario Law (e.g., family law, property division): Usually requires three years, or having a child together.
Key Point
Common Law 101: What Is Common Law in Ontario & Canada boils down to this: A “common law” relationship is recognized when two people live together in a marriage-like way for a legally defined period, without being married.
How Do You Qualify as Common Law?
You might be wondering: “How do I know if I’m in a common law relationship in Ontario?” Good question. Here’s how it’s generally determined:
1. Length of Cohabitation
- Three Years: In Ontario, the Family Law Act says you must cohabit continuously for at least three years.
- Less Than Three Years: If you have a child together (by birth or adoption), you can qualify sooner.
2. Nature of Relationship
- Conjugal: The relationship must be marriage-like—sharing finances, domestic arrangements, social activities, and emotional support.
- Not Roommates: Simply sharing an apartment doesn’t cut it.
3. Exclusivity
- Not Married to Someone Else: Neither person can be legally married to someone else at the same time.
Quick Checklist:
- [ ] Lived together for at least three years, or have a child together.
- [ ] Relationship is intimate and marriage-like.
- [ ] Not legally married to another person.
Rights and Obligations of Common Law Partners in Ontario
Here’s where things get interesting—and a bit complicated. Unlike married couples, common law partners don’t have all the same legal rights. That said, they do have important rights and obligations, especially when it comes to children and support.
What Rights Do Common Law Partners Have?
Spousal Support: May be entitled after three years of cohabitation, or sooner with a child.
Child Support and Custody: Same rights and duties as married couples.
Property Rights: Here’s where it differs—common law partners don’t automatically have a right to share property acquired during the relationship.
Major Obligations
- Financial Support: You may have to support your partner after separation, depending on your circumstances.
- Parental Responsibilities: Both parents are equally responsible for children.
Where Are Rights Different?
- No Automatic Property Equalization: Unlike married couples, you don’t have an automatic right to half the house or assets.
- No Matrimonial Home Protections: The “matrimonial home” rules in Ontario’s Family Law Act don’t apply to common law partners.
How Is Property Divided After a Common Law Separation?
Talk about a hot topic! Property division is one of the biggest sources of confusion for common law couples in Ontario. Common Law 101: What Is Common Law in Ontario & Canada wouldn’t be complete without clarifying this.
Key Differences from Marriage
- Married Couples: Property is generally divided equally, regardless of who owns it.
- Common Law Couples: Each partner keeps property in their own name. No automatic sharing.
What Can Common Law Partners Claim?
- Jointly Owned Assets: If both names are on the deed or account, both share ownership.
- Constructive Trust/Unjust Enrichment Claims: In some cases, if you contributed significantly to property owned by your partner (money, work, etc.), you may be entitled to a share. But you’ll need to prove it in court.
Example:
If you paid the mortgage but your name’s not on the title, you may have a claim—but it’s not automatic.
Steps to Protect Yourself
1. Cohabitation Agreement: Spell out property rights in writing before or during the relationship.
2. Keep Records: Document your contributions (financial or otherwise) to major assets.
3. Legal Advice: Get a family lawyer to review your situation—Tailor Law PC can help.
What About Children? Child Custody, Support, and Parenting
When kids are involved, the law treats common law and married parents equally. The focus is always on the child’s best interests.
How Is Child Custody Decided in Ontario?
Best Interests of the Child:
- Courts look at stability
- parental involvement
- health
- and the child’s needs
Types of Parenting Arrangements:
- Joint Decision-Making (commonly called joint custody)
- Sole Decision-Making
- Shared Parenting Time
Child Support Obligations
- Both Parents Must Support the Child: The legal obligation doesn’t depend on marital status.
- Guidelines Apply: Child support amounts are calculated using the Federal Child Support Guidelines.
What If We Separate?
Parenting Plan: You can negotiate a plan, or the court can decide.
Enforcement: Orders and agreements are enforceable through the Family Responsibility Office (FRO) in Ontario.
Spousal Support for Common Law Couples
Here’s where folks get tripped up. You might assume only married people have a right to spousal support, but that’s not the case.
When Can a Common Law Partner Get Spousal Support?
- Three Years of Cohabitation: Generally required.
- Child Together: If you have a child together, the three-year rule doesn’t apply.
- Economic Disadvantage: If one partner is left at a significant financial disadvantage post-separation, support may be ordered.
How Is Spousal Support Calculated?
Spousal Support Advisory Guidelines: Used as a starting point, but not binding.
Factors Considered: Length of relationship, roles during relationship, financial need, ability to pay.
How to Claim Spousal Support
1. Gather Evidence: Proof of cohabitation, financial records, and contributions.
2. Negotiate or Mediate: A lawyer can help you reach an agreement.
3. File a Court Application: If negotiation fails, court is an option.
Common Law vs. Marriage: What’s the Difference?
Still scratching your head about whether to marry or not? Here’s a quick comparison to clear the fog.
| | Marriage | Common Law |
|—————|—————————————————|————————————————–|
| Legal Status | Must be legally married. | No marriage required. |
| Property Division | Automatic equalization under Family Law Act. | Each keeps their own property unless joint. |
| Spousal Support | Available. | Available after 3 years or with a child. |
| Matrimonial Home | Both have a right to stay in the home. | No special protection for family home. |
| Separation | Divorce required. | No formal divorce; end cohabitation. |
| Rights Upon Death | Automatic inheritance unless a will states otherwise. | No automatic inheritance. Must be named in will. |
In a Nutshell
Common Law 101: What Is Common Law in Ontario & Canada reveals that marriage brings automatic legal rights and protections, while common law relationships require proactive steps to secure similar protections.
How to Protect Yourself in a Common Law Relationship
Don’t leave your rights to chance. Here’s how to safeguard your interests:
1. Cohabitation Agreement
- Outlines property division, spousal support, and other arrangements if you separate.
- Legally binding if properly drafted and signed.
2. Keep Financial Records
- Save receipts, bank statements, and evidence of contributions to joint assets.
3. Wills and Estate Planning
- Common law partners don’t inherit automatically. Make a will and update your beneficiaries.
4. Legal Advice
- Consult a family law expert early—Tailor Law PC can review agreements, answer questions, and plan for the future.
Common Law Myths Busted
Let’s set the record straight. There’s a lot of misinformation out there—don’t fall for these common law myths.
Myth #1: “After six months, we’re common law.”
Reality: In Ontario, it’s three years (unless you have a child together).
Myth #2: “If we break up, I get half the house.”
Reality: Only if your name is on the title or you can prove a claim. No automatic right to half.
Myth #3: “Common law partners have the same rights as married couples.”
Reality: Not true. Big differences exist, especially around property and inheritance.
Myth #4: “If I die, my partner gets everything.”
Reality: Not unless you have a will naming your partner.
Myth #5: “We need to register as common law.”
Reality: There’s no registry in Ontario; your relationship status is determined by facts and evidence.
Conclusion
Common Law 101: What Is Common Law in Ontario & Canada reveals a legal landscape full of surprises. While common law relationships offer flexibility, they also come with unique risks and responsibilities—especially when it comes to property, support, and parental rights. Knowledge is your best friend; a well-drafted cohabitation agreement and expert legal guidance are your strongest shields.
If you’re in a common law relationship or considering one, don’t leave your future to chance. The experienced family lawyers at Tailor Law PC can help you understand your rights, protect your interests, and resolve disputes with clarity and compassion. Book a confidential consultation today and take the guesswork out of your relationship’s legal standing.
For more on family law, divorce, child custody, and your rights in Ontario, visit the Tailor Law Family Law Page.
