Common Law Separation in Ontario: A Practical Guide
No marriage license means no divorce decree. But how do you handle the house, the kids, and the debts? Learn the legal steps to separate cleanly without a court battle.
Get Your Separation PlanLegal Review: This separation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Ontario's property and support laws for unmarried couples.
The Quick Answer: How Do We Separate?
To legally separate in a common law relationship in Ontario, you simply stop living together with the intention of ending the relationship. You do not need a court order. However, simply moving out does not resolve financial issues. Because common law partners do not have automatic property rights, you generally leave with only what is in your name. To finalize issues like Spousal Support, Child Custody, and dividing joint assets, you must sign a Separation Agreement.
Who Gets What?
The House
Title Rules
If your name isn't on the deed, you generally have no right to the value or possession of the home. There is no 'Matrimonial Home' protection.
The Pension
Pensions
Unlike married couples, you have no automatic right to share in your partner's pension growth, though CPP credits can be split upon application.
Joint Accounts
Joint Assets
Joint bank accounts and jointly owned cars are usually split 50/50. You are jointly liable for any debt in both names.
The 'Unjust Enrichment' Claim
The Scenario
Imagine one partner (non-owner) pays for renovations or works unpaid in the other's business for 10 years, then separates.
Under strict property law, they get nothing.
The Remedy
The non-owner can sue for "Unjust Enrichment" or a "Constructive Trust."
They must prove they contributed value and the other person benefitted unfairly. This is complex litigation, not an automatic right.
Your Immediate Action Plan
1Secure Your Finances
Open a personal bank account. Revoke permission on joint lines of credit immediately.
2Determine Parenting Schedule
Create an interim plan for the children. This establishes the "Status Quo."
3Update Beneficiaries
Change your Will, Power of Attorney, and Insurance immediately. Separation does NOT automatically revoke gifts to a common law partner in a Will.
4Notify the CRA
Update your status to "Separated" after 90 days to adjust your tax credits and benefits.
Relevant Laws & Statutes
- Ministry of the Attorney General (Property Rights)
Official guidance on property division for common law couples
- Steps to Justice (Common Law Separation)
Step-by-step legal information for separating couples
- Family Law Act (Part III Support)
Full text of Ontario's Family Law Act
Common Law Separation FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor helps unmarried couples navigate the complex lack of statutory property rights, securing fair settlements through negotiation and, when necessary, litigation.
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