If you’re in a common law relationship and own a home, you may wonder: What happens to my property if we break up? Unlike married couples, common law partners in Canada don’t automatically share property rights, which can leave many people vulnerable during a separation. Understanding your rights and taking steps to protect your house can save you from emotional stress and legal uncertainty later.
Whether you’re already living with your partner or planning to move in, this guide will walk you through how to protect your house in a common law relationship, how property division works during separation, and how a cohabitation agreement can help.
The short answer is yes, but only if you plan ahead.
In a common law relationship, owning a home doesn’t automatically guarantee it will stay yours after a separation. If your partner contributes to mortgage payments, renovations, or upkeep, they may be able to make a legal claim to the property even if their name isn’t on the title.
To protect your home:
Unlike married couples, in some provinces, common law couples are not automatically entitled to equal property division upon separation unless provincial law says otherwise (as it does in British Columbia, for example). In most provinces, you only keep what’s legally in your name. But that doesn’t mean you’re safe from a claim.
Your partner may still try to claim a share of your home using legal doctrines like:
This is where things get complicated and costly. A common law separation can lead to litigation if you don’t have a clear agreement in place.
A common law separation doesn’t require a formal divorce, but it can still be emotionally and financially complex. You’ll need to sort out:
Even if you’re not married, the legal implications of separation can be significant. A proactive approach is your best protection.
If you’re separating, a cohabitation agreement can help clarify the division of property, responsibilities, and future obligations. You can create one through lawyers or online platforms like Jointly, which offer a guided process to make these agreements accessible and affordable.
This is especially useful if you’re trying to resolve who gets to keep the house or whether one person should buy the other out if the relationship ends. Your cohabitation agreement will set out the specifics, and you can use it for a roadmap if you separate. If you don’t have a cohabitation agreement, you will have to start building a separation agreement from scratch. As you can imagine, it is typically far easier to make an agreement at the beginning of a relationship than it is at the end, when tensions are running high and trust may be in short supply.
Debt can be just as tricky as property. Common law partners are typically only responsible for debts in their own names but shared debt (like a joint credit card or line of credit) must be addressed.
Even if only one partner’s name is on a debt, courts can sometimes assign responsibility based on who benefited from the expense. That’s why clear documentation and agreements matter.
In most provinces, the default is no. Common law partners do not have a legal claim to each other’s property unless they:
This is a major difference between common law and marriage, and many Canadians don’t realize it until it’s too late.
A common law agreement, also known as a cohabitation agreement, is a legal document that outlines each partner’s rights and responsibilities while living together. It can include:
This kind of agreement is essential if one partner owns a house and wants to protect it.
Without an agreement, your partner could potentially claim a share of your house even if they didn’t contribute much financially. With an agreement, you can:
This can prevent confusion, resentment, and expensive legal battles later. Think of it as homeowner’s insurance for your relationship.
A common law relationship is when two people live together in a marriage-like relationship without being legally married. Each province defines common law differently:
Living together for the required time grants certain legal rights but not always the same as marriage.
Yes, but they’re limited in some provinces, especially when it comes to property. Common law legal rights usually include:
But common law partners do not automatically share property, unless you’re in a province like BC where the law has evolved to be more inclusive.
Here’s a quick comparison:
IssueMarried CouplesCommon Law CouplesProperty divisionAutomatic equal division in most provincesAutomatic sharing depends on your provinceSpousal supportUsually availableMay be available, depending on duration and needsSeparation processDivorce requiredNo formal divorce, but separation agreements helpLegal statusLegally recognized across CanadaVaries by province; may require proof of cohabitationUnderstanding the difference between common law and marriage is crucial for protecting your financial future, especially if homeownership is involved.
At Jointly, we help couples protect what matters most like your home, savings, and peace of mind. Our platform allows you to create a cohabitation agreement online, together, for a fraction of the cost of hiring lawyers.
Why choose Jointly?
Whether you’re moving in together or already cohabiting, we make it easy to take a proactive step toward protecting your future. Start your agreement today.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.