Do common-law partners split property when they separate in Ontario?
Not automatically. In Ontario, unmarried partners usually keep what is in their own name, and jointly owned property is shared. A partner who helped build the other's wealth can still make a claim. That claim is usually for unjust enrichment, and it can lead to a money award or, less often, a share of a specific property.
Key points
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The equalization rules for married couples do not apply to common-law partners.
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Living together for three years gives no property rights. That rule is about spousal support.
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Jointly owned property is shared. Property in one partner's name usually stays with that partner.
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A partner who contributed money, work or care may claim unjust enrichment.
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The usual remedy is money. A share of the property itself is less common.
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Time limits are strict. Most claims must start within two years; only a claim to a share of land itself has longer.
Why don't the equalization rules apply?
The property equalization rules in Ontario's Family Law Act apply only to married spouses. Unmarried partners have no equalization payment and no automatic share in the growth of each other's property. See Property division in Ontario for how the married rules work.
The special matrimonial home rules do not apply either. If the home is in your partner's name alone, you do not automatically have a right to stay. Your partner can also sell or mortgage it without your permission.
The three-year rule often confuses people. Living together for three years, or living together in a lasting relationship and having a child together, can make you a "spouse" for spousal support. It does not create any property rights. See Spousal support for common-law partners.
Who owns what?
Ownership is the starting point:
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Property in one name. What you bought with your own money and hold in your own name usually belongs to you.
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Property in both names. What you bought together belongs to both of you. Its value is shared on separation, according to each owner's share on title. If you cannot agree, either co-owner can usually ask a court to order a jointly owned home sold.
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Debts. Each partner is usually responsible for their own debts. If you both signed a loan, either of you can be held responsible for all of it.
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Transfers without payment. Say one partner put the other on title, or added them to an account, without being paid. The law generally presumes it was not a gift, so the partner who received it must show a gift was intended.
It's a good idea to keep receipts and records showing who paid for what. They matter in any later claim.
What is unjust enrichment?
Unjust enrichment is how most common-law property claims are made. The Supreme Court of Canada set out the test in Kerr v. Baranow, 2011 SCC 10. You must show three things (para. 3):
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your partner was enriched;
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you suffered a matching loss or deprivation; and
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there is no legal reason, called a "juristic reason," for your partner to keep the benefit.
A juristic reason might be a gift or a contract, such as a cohabitation agreement. If none applies, the court can look at the partners' reasonable expectations and at public policy.
Contributions do not have to be money. Unpaid work at home, child care, renovations, or work in a family business can all count. The court also weighs the benefits each partner received from the other, such as free housing (Kerr, para. 8).
Money or a share of the property?
If unjust enrichment is proven, the court decides the remedy (Kerr):
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A money award comes first. In most cases, a payment is enough to correct the enrichment.
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A share of the property, called a constructive trust, is the exception. It is available only when money would not be enough. Your contributions must also be clearly linked to that specific property.
How the money award is measured depends on the relationship. It can reflect the value of your services, less what you received in return. Where the partners were in a "joint family venture," it can instead be your fair share of the wealth built during the relationship. Either way, there is no presumption that you get half.
What is a joint family venture?
A joint family venture means the partners worked together to build their family and its wealth. Whether one existed is a question of fact. Simply living together is not enough. The Supreme Court grouped the relevant factors into four kinds (Kerr):
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Mutual effort: working toward common goals, pooling money and effort, or running a business together.
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Economic integration: shared finances, joint accounts, and how far the partners' economic lives were combined.
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Actual intent: what the partners said or did that shows they saw themselves as building something together. This can include holding title jointly.
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Priority of the family: whether one partner put the family first. Examples are leaving work, moving for the other's career, or staying home with children.
The claimant must also show that their contributions are linked to the wealth that was built. Ontario courts have applied this test many times since 2011, and the share awarded depends on each couple's facts.
How long do I have to make a claim?
Common-law property claims have strict deadlines, and a court cannot simply extend them:
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A claim for money: generally two years from when the claim was discovered, under the Limitations Act, 2002.
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A claim for a share of land, such as the house: ten years, under the Real Property Limitations Act (McConnell v. Huxtable, 2014 ONCA 86).
After two years, usually only the harder claim for a share of the land itself survives, so do not count on ten years. The clock usually starts around the date of separation, but not always. Do not wait. If the house might be sold soon, act quickly. If you claim an interest in the land, you can ask the court for permission to register a certificate of pending litigation against the title while the case goes on.
What evidence helps a claim?
Courts decide these claims on evidence, often years after the fact. Useful records include:
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bank statements showing who paid the mortgage, rent, taxes and bills;
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receipts and photos of renovations or work you did on the property;
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records of a family business, and of any pay you did or did not receive;
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evidence of career choices made for the family, such as leaving a job or moving;
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joint accounts, joint loans, and documents naming each other as beneficiaries; and
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messages or documents showing what you both intended.
Can we set the rules in advance?
Yes. A cohabitation agreement can say how property and debts will be handled if you separate. It can prevent a costly unjust enrichment case later. Each partner should get advice from their own lawyer before signing. Cohabitation agreements for unmarried couples covers this in more detail.
Talk to a family lawyer about excluded property
If you want to discuss how to protect your inheritance or gift in marriage, book a free 15-minute call. The call covers the process, fees and next steps; it is not legal advice on your situation. Consultation work is billed at $275 an hour plus HST or under a limited-scope retainer, with a written estimate first. We meet clients by phone or video, or in person at our North York office.
Book a free 15-minute call about excluded property · Call 416-858-1320
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Last reviewed: November 2, 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.