In Ontario, many couples live together without getting married – and while these relationships may look like marriages in day-to-day life, the legal reality is very different.
One of the biggest differences? Property rights.
Many people are surprised to learn that common-law couples don’t have the same property rights as married spouses. If you’re in a common-law relationship in Ontario, it’s essential to understand what you’re entitled to and what you’re not – especially if the relationship ends.
In this post, we’ll break down the law regarding property for common-law couples in Ontario and how to protect your rights during and after a breakup.
What Does it Mean to be in a Common-Law Relationship in Ontario?
In Ontario, you’re considered to be in a common-law relationship for most legal purposes if:
- You’ve lived together continuously in a conjugal relationship for at least three years, or
- You’ve lived together for less than three years but have a child together and are in a relationship of some permanence
Common-law couples may qualify for spousal support under Ontario’s Family Law Act, but they do not automatically share property rights the way married couples do under the equalization of net family property system.
Key Differences Between Common Law and Marriage in Ontario
| Legal Area | Married Couples | Common-Law Couples |
| Property Division | Equalization of net family property | No automatic right to property division |
| Family Home | Shared equally regardless of ownership | Owned by the person on title |
| Spousal Support | Automatically considered | Must qualify based on duration/children |
These differences mean that common-law couples have significantly fewer property rights unless they take legal steps to protect themselves.
Property Rights for Common-Law Couples in Ontario
In Ontario, property acquired during a common-law relationship belongs to the person who bought it or whose name is on title or account even if the other partner contributed financially or otherwise.
There is no concept similar to joint marital property unless both names are legally on an asset.
However, if a couple separates, the partner who doesn’t legally own the property may still make a claim for a share, based on legal doctrines such as unjust enrichment or constructive trust (more on this below). These claims are difficult, time-consuming, and expensive – and the outcome isn’t guaranteed.
That’s why it’s so important to plan ahead.
Protecting Your Property During a Common Law Separation
The Role of Cohabitation Agreements in Safeguarding Assets
The most effective way to protect your property rights in a common-law relationship is with a cohabitation agreement.
A cohabitation agreement is a legally binding contract that:
- Sets out who owns what
- Clarifies how property will be treated if the relationship ends
- Outlines how debts, support, and shared expenses will be handled
It can be made at the beginning of or during the relationship, and it gives both partners peace of mind by reducing the risk of property disputes later on. It also tends to be significantly easier to get on the same page about financial matters early in a relationship, as compared to during a breakup.
Jointly’s platform makes it simple and affordable to create a custom agreement that reflects your needs without spending thousands on legal fees.
Unjust Enrichment and Constructive Trust Claims
If there’s no cohabitation agreement and one partner feels they deserve a share of the other’s property, they may file a claim for unjust enrichment.
To succeed, they must prove:
- They contributed to the other partner’s property (e.g., money, labour, childcare)
- The other partner benefited unfairly
- There’s no legal reason the contribution should go uncompensated
If successful, the court may grant a constructive trust, giving them a share of the property. But these claims are complex, emotionally draining, and often expensive to pursue. It can take months or even years for claims of this nature to make it through the court system.
A clear, written agreement is a much better solution.
Common Law Home Ownership and Shared Assets
Who Gets the House in a Common Law Breakup in Ontario?
In a common-law relationship, the family home (also called the “matrimonial home” in marriage law) does not get split automatically.
If only one person’s name is on the title, they usually keep the home – even if the other partner lived there or contributed to the mortgage or home improvements.
If both names are on the title, both partners are legal co-owners, and the home must be divided accordingly.
To claim an interest in a home you don’t own, you’d need to make an unjust enrichment or constructive trust claim. Again, this can be avoided by setting clear terms in a cohabitation agreement.
Steps to Take When Splitting Up as a Common Law Partner
Documenting Contributions to Shared Property
If you’re concerned about what will happen to your property – or your contributions to your partner’s – start collecting documentation now:
- Bank statements
- E-transfer records
- Receipts for renovations or household purchases
- Proof of mortgage or rent payments
These documents help support any future claims you might need to make. Better yet, formalize everything with an agreement before conflict arises.
Seeking Legal Advice for Complex Property Disputes
If your separation involves a house, business, major assets, or complex financial arrangements, it’s wise to seek legal advice – especially if there’s no cohabitation agreement in place.
Lawyers can help assess your entitlement, negotiate a fair outcome, and represent you if court becomes necessary. However, most couples can avoid this entirely by being proactive about setting expectations in writing.
Frequently Asked Questions About Common Law Property Rights
Do Common Law Partners Have Equal Property Rights in Ontario?
No. Common-law partners do not have automatic rights to each other’s property in Ontario. Each partner keeps what is in their own name unless a claim can be made (such as unjust enrichment).
What Happens to Property Owned Before a Common Law Relationship?
Property you owned before the relationship generally remains yours – unless your partner later contributes to it significantly (e.g., renovations, mortgage payments), in which case they might be able to make a claim.
A cohabitation agreement can confirm that this property will remain separate and protect you from future disputes.
Can I Claim Ownership of Property I Contributed To?
Possibly – but only through a court claim. You’ll need to show that:
- You made significant, measurable contributions
- Your partner was enriched by those contributions
- There’s no valid legal reason for them to keep the full benefit
Even if you succeed, the court will decide what’s “fair,” which may not reflect what you think is fair. A written agreement is more reliable – and significantly less expensive than pursuing a claim in court.
Choose Jointly for Your Common Law Property Needs in Ontario
At Jointly, we help Ontario couples create customized cohabitation agreements that protect their assets, clarify responsibilities, and prevent messy legal battles down the line.
You’ll get:
- A step-by-step, guided online process
- A legally valid agreement built with lawyer-drafted clauses and tailored to Ontario law
- Plain language you both understand
- A fair and affordable price – no surprises
If you’re living together (or planning to) and want to protect your financial future, Jointly can help you take the next step with confidence.
Protect what’s yours—and your peace of mind.
Start your cohabitation agreement today
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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