What rights do common-law partners have in Ontario?
In Ontario, unmarried partners do not share property value the way married spouses do. Each partner keeps what is in their own name, and only jointly owned property is divided according to the title. But common-law partners can claim spousal support once they qualify, have the same rights and duties toward their children as married parents, and can sometimes claim a share of the other's property through a trust or unjust enrichment claim.
Key points
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There is no right to equalization of property for common-law partners.
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You can claim spousal support after three years together, or sooner if you have a child together and a relationship of some permanence.
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A partner who does not own the home has no automatic right to stay there.
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Common-law partners do not inherit if the other dies without a will.
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Different laws define "common-law" differently. Federal tax rules use a shorter period than Ontario family law.
Separating from a common-law partner? Book a free 15-minute call
When are common-law partners treated as "spouses" in Ontario?
It depends on the law and the issue. There is no unified "common-law" status:
Purpose Who counts
Spousal support Lived together continuously for at least 3 years, or in a relationship of some permanence and parents of a child together
Child support Both married and common-law couples
Property division (equalization) Married spouses only. Common-law partners are not entitled
Inheritance without a will Married spouses only
Canada Pension Plan credit split Lived together for at least one year
Federal income tax Lived together in a conjugal relationship for 12 continuous months, or share a child
Divorce Not available. Common-law couples simply separate
Property, the home and support when common-law partners separate
Each partner keeps what they bought with their own money and holds in their own name. Things bought together and held jointly are divided, or their value is shared. It is advisable to keep receipts and records; they matter if ownership is disputed.
Can I claim a share of my partner's property?
Sometimes, through an unjust enrichment or trust claim. If you contributed to your partner's property, by paying toward their house (contribution to a downpayment, mortgage payments), working unpaid or underpaid in their business, or assuming the home and children’s responsibilities so that the other partner could focus on their business or career, a court can award a share of the property or a money payment. The size depends on what you contributed or how much it increased the value due to your contributions. Where partners worked together toward shared goals over a long relationship, the Supreme Court of Canada has recognized a "joint family venture" approach (Kerr v. Baranow, 2011 SCC 10). These claims are very fact-specific and are subject to limitation periods.
Who keeps the home?
If the home is in one partner's name, the other has no automatic right to stay, and the owner can sell or mortgage it without consent. A court can still make orders about the home in some situations, such as where the children's needs or safety are at stake.
Can I claim spousal support?
Yes, if you meet the Family Law Act definition of spouse and can show entitlement. The same factors and Spousal Support Advisory Guidelines apply as for married couples, with the years of cohabitation counted.
What about children?
Parenting and child support rules are the same whether or not the parents are married. Unmarried parents use Ontario's Children's Law Reform Act and Family Law Act rather than the Divorce Act.
Should we sign a cohabitation agreement?
A cohabitation agreement lets you decide in advance how property and support will be handled if you separate. It must meet the same formal requirements as other domestic contracts. It is strongly recommended to obtain independent legal advice before signing it. We offer cohabitation aggreement drafting package and independent legal advice at affordable flat rates.
From practice
Hypothetical example. Any resemblance to a real case is coincidental.
Kevin and Mei lived together for 11 years in a house in Mei's name. Kevin paid half the mortgage and most of the renovations and cut back his hours when their daughter was born. When they separate, Kevin assumes he is owed half the house, as he would be if they were married.
Kevin can claim spousal support, and child support will follow the Guidelines. His claim to the house depends on showing unjust enrichment: what he paid, what he gave up, and how the relationship was run. Records of mortgage payments and renovation costs make that claim much stronger. A cohabitation agreement signed when they moved in would have settled the question in advance.
Frequently asked questions
How long do you have to live together to be common-law in Ontario? For spousal support purposes, three years, or less if you have a child together and a relationship of some permanence. Other laws use different periods.
Do I get half the house if we were not married? Not necessarily. You keep jointly owned property; a share of your partner's property can be subject to an unjust enrichment or trust claim.
Do common-law partners need a divorce? No. You separate without a court process, though you may need a separation agreement or court order on support, parenting or property.
Does a cohabitation agreement need a lawyer? Not legally, but each partner should get independent legal advice to make it harder to challenge.
Talk to a family lawyer about common-law separation
Start with a free 15-minute call to talk through your situation and the next step. From there, we can work out which rights apply to you, what claims you may have, and which deadlines matter.
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A free 15-minute phone call to talk through your situation and the next step
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By phone, by video or in person at 5200 Yonge Street, Suite 200, North York
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Flat-fee offers: Cohabitation Agreement from $1,299, Uncontested Separation Agreement from $1,499, Independent Legal Advice $699, plus HST
Book a free 15-minute call about common-law separation · Call 416-858-1320
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Anton Mostovoy, lawyer, licensed by the Law Society of Ontario. Last reviewed: October 12, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.