- There is no such thing as “common-law marriage” in Ontario. Living together for any length of time does not create marriage.
- Spousal support can be available to common-law partners who meet the statutory definition.
- Equalisation of property does not apply. This is the single biggest difference.
- Property claims are possible through unjust enrichment, but they are argued case by case rather than calculated.
What common-law status does and does not create
Ontario recognises unmarried partners for certain purposes, principally support. It does not treat them as married, and no amount of time changes that.
The belief that living together for a set number of years produces the same rights as marriage is one of the most persistent and most costly misunderstandings in family law. Couples act on it for decades and discover the truth at the worst possible moment.
Support
Spousal support can be claimed by partners who fall within the definition in the Family Law Act, broadly, cohabiting continuously for a defined period, or cohabiting in a relationship of some permanence where there is a child together.
Where the definition is met, the analysis proceeds much as it does for married spouses: entitlement on compensatory or need-based grounds, then amount and duration.
There is a limitation period for bringing a claim after the relationship ends, and it is materially shorter than people assume. Delay can extinguish a claim that would otherwise have succeeded.
Property: the real gap
Married spouses have a statutory right to equalisation. Common-law partners have no equivalent. On separation, each keeps what is in their name.
That means a partner who spent fifteen years contributing to a home registered in the other’s name has, as a starting point, no share in it. Not a smaller share, none, absent a successful claim.
It also means the matrimonial home protections do not apply. There is no right of possession, and no restriction on the owner selling or mortgaging it.
Unjust enrichment
The route to a property claim is unjust enrichment. Broadly, the claimant must show that the other partner was enriched, that the claimant suffered a corresponding deprivation, and that there is no legal reason for it.
Where established, the remedy might be money, or in stronger cases an interest in the property itself. Courts have recognised that partners in a genuine joint family venture may be entitled to share in accumulated wealth.
But this is a claim to be proved, with evidence, over time. It is slower, more expensive and far less certain than equalisation, and outcomes vary with the facts in a way that makes advice harder to give.
Children
On children, the position is the same regardless of marital status. Child support obligations and the best-interests framework for parenting apply identically.
This is worth stating plainly, because the property gap sometimes leads people to assume children are treated differently too. They are not.
What can be done about it
A cohabitation agreement is the direct answer. It can set out what happens to property, whether support will be paid, and how contributions to a jointly used home are treated.
Practical steps also help: registering a jointly funded property in both names, keeping records of significant contributions, and not assuming that a shared life produces shared title.
Couples find the conversation uncomfortable. It is considerably less uncomfortable than discovering the position after fifteen years.
Common questions
How long before we are common-law?
The period depends on the purpose, family law, tax and benefits legislation use different tests. Meeting one does not mean meeting another.
Do I have a claim to the house if I paid the mortgage?
Not automatically, but contributions of that kind are the foundation of an unjust enrichment claim. Records matter, because the claim has to be proved.
Do we need a divorce to separate?
No. Common-law partners simply separate. There is nothing to dissolve.
Does a cohabitation agreement survive if we marry?
It can continue to operate as a marriage contract, but this depends on drafting, and it is worth reviewing rather than assuming.
Contacting us does not create a solicitor-client relationship. Please do not send confidential information until we have confirmed we can act for you. We aim to reply within 2 business days. Sending this form does not meet any court deadline or limitation period.
If you or a child are in immediate danger, call 911. This form is not an emergency service and is read during business hours. Assaulted Women’s Helpline 1-866-863-0511, Talk4Healing 1-855-554-4325, both open around the clock.
