What Does “Common-Law” Mean in Ontario?
You’re considered to be in a common-law relationship if:- You’ve lived together in a conjugal relationship for at least three years, or
- You’ve been in a relationship of some permanence and share a child (by birth or adoption).
Property Rights: No Automatic Equalization
One of the most significant distinctions between marriage and common-law unions is how property is treated at the end of the relationship.- Married spouses are entitled to an equalization of net family property.
- Common-law partners keep what they own. There is no statutory right to divide or equalize assets unless both names are on title or ownership can be proven.
Example: A woman in Mississauga lived with her partner for 12 years in a home solely in his name. She contributed to renovations, paid bills, and helped raise their children. When the relationship ended, she had no automatic right to a share of the home’s value—but through a constructive trust claim, she was able to establish her financial contribution and obtain a partial interest in the property.
When Can a Common-Law Partner Make a Claim?
Common-law partners may still make a claim to property or compensation in special cases, using legal principles such as:- Constructive trust: significant contributions (financial or labour) to property owned by the other partner.
- Resulting trust: showing that funds or assets were provided with the intention of shared ownership.
- Unjust enrichment: one partner benefits at the other's expense without justification.
How to Protect Your Interests
- Cohabitation Agreement: A legally binding document outlining property and financial arrangements.
- Keep detailed records: receipts, transfers, bank statements, renovation or maintenance costs.
- Seek legal advice: Get clarity on your rights before or after separation.