Understanding your legal rights in a common law relationship in Ontario is essential for protecting yourself and your family. Many couples in Ontario live together in long-term relationships without getting married, assuming they have the same rights as married spouses. This is not always the case. If you are living with a partner or planning to move in together, it is crucial to understand how Ontario law treats common law partnerships.
At Brace Law, we help individuals and families in Oakville, Vaughan, and the Hamilton region understand their rights under family law. Whether you are starting a relationship, separating, or planning your estate, our experienced family lawyers can help.
Property Rights in a Common Law Relationship in Ontario
One of the most common misconceptions about common law relationships is that partners automatically share property like married couples. In reality, property rights in a common law relationship in Ontario are very different.
In Ontario, the Family Law Act does not grant common law partners the same automatic right to property division. Each person keeps property that is in their name. This means:
You do not have an automatic right to half of the home unless you are on the title: Unlike married couples, common law partners must be listed on the title or deed of a property to have legal ownership. This applies even if you contributed to household bills or renovations.
Joint assets need to be divided based on contributions, not equality: If you bought property or assets together, you may each own a portion, but the split is based on how much each partner contributed financially or otherwise — not a 50-50 presumption.
You may need to prove unjust enrichment to claim a share of your partner’s property: If you helped increase the value of property your partner owns (e.g., by contributing to a mortgage or renovations), you may have a claim. However, this requires legal proof and is often a complex and time-consuming process.
Brace Law’s family lawyers can help you determine whether you have a valid property claim and what evidence is needed to support it.
Spousal Support Rights in a Common Law Relationship in Ontario
Although property laws differ, common law spousal support rights in Ontario are similar to those in marriage. You may be entitled to receive or obligated to pay spousal support if:
You lived together for at least three years, or
You have a child together and lived in a relationship of some permanence
Spousal support considers several key factors:
The length of the relationship: Longer relationships may result in more substantial support obligations, especially if one partner was financially dependent on the other.
The roles each person played (e.g. stay-at-home parent vs. income earner): Courts consider the economic impact of decisions made during the relationship, such as one partner staying home to care for children or support the other’s career.
Financial hardship following separation: If one partner is left in a significantly worse financial position after separation, support may be ordered to help balance this inequality.
At Brace Law, our family lawyers in Oakville, Vaughan, and Hamilton can assess your eligibility for support and advocate for a fair resolution.
Child Custody and Support in a Common Law Relationship in Ontario
When it comes to parenting, the law treats common law and married couples the same. If you are separating, child custody in a common law relationship in Ontario follows the same best interest of the child principle under Ontario’s Children’s Law Reform Act.
Common law parents are equally responsible for:
Decision-making about the child’s education, health, and religion: This is often referred to as "decision-making responsibility" in Ontario family law, and it must be exercised in the best interests of the child.
Providing financial support through formal or informal arrangements: Child support is calculated using federal or provincial guidelines, and even if you were never married, failure to pay can result in legal enforcement by the Family Responsibility Office (FRO).
Ensuring stable parenting time: Courts aim to maintain consistency and stability in the child’s routine. Parenting time (previously called “access”) is often shared but may be subject to restrictions based on the child’s well-being.
The team at Brace Law helps parents in common law relationships create parenting agreements and resolve disputes through negotiation, mediation, or litigation.
Inheritance and Estate Rights in a Common Law Relationship in Ontario
Inheritance is one of the most misunderstood areas of legal rights in a common law relationship in Ontario. If your partner passes away without a will, you may not be entitled to any part of their estate. Unlike married spouses, common law partners do not have automatic inheritance rights under the Succession Law Reform Act.
To protect your partner and ensure your wishes are followed, it is essential to:
Have a legally valid will: Without a will, your estate will be distributed according to intestacy rules, which do not include common law partners in Ontario.
Name your partner as a beneficiary: Ensure your partner is specifically named on registered accounts like RRSPs, pensions, or life insurance policies. These designations override your will.
Consider powers of attorney for property and personal care: If you become incapacitated, your common law partner may not have legal authority to make medical or financial decisions on your behalf unless these documents are in place.
Brace Law offers estate planning services for common law couples, helping you protect your partner’s future.
Difference Between Marriage and Common Law in Ontario
Understanding the difference between marriage and common law in Ontario is essential when it comes to your rights and responsibilities. Below is a side-by-side comparison.
Legal Area | Married Couples | Common Law Couples |
Property Division | Equal sharing under Family Law Act | No automatic sharing |
Spousal Support | Automatic eligibility | Must meet cohabitation test |
Inheritance | Automatic rights | No rights without a will |
CPP Survivor Benefits | Eligible | Eligible after 1+ year together |
Matrimonial Home Rights | Right to stay and equal share | No automatic rights |
Legal protections in common law relationships are not guaranteed. Speak with a family lawyer at Brace Law to discuss cohabitation agreements and legal planning.
Separation and Common Law Separation Rights in Ontario
When a common law relationship ends, there is no formal divorce process. However, common law separation in Ontario still requires careful legal planning to resolve:
Division of shared debts or property: Even if you do not own property together, joint debts (such as loans or credit cards) must still be fairly divided or repaid. A legal agreement can help prevent future disputes.
Spousal support claims: A formal separation agreement can outline if support will be paid, how much, and for how long. This provides legal clarity and enforceability.
Child custody and access: Custody arrangements should clearly define decision-making responsibilities and parenting schedules to minimize conflict.
Updating wills and powers of attorney: After separation, you may need to remove your former partner as a beneficiary or decision-maker in your estate documents.
Without legal guidance, common law separations can result in unnecessary stress and financial uncertainty. Brace Law can help ensure your rights are protected through this process.
How Brace Law Protects Your Common Law Partner Rights in Ontario
At Brace Law, we understand how overwhelming family law issues can be, especially for couples in common law relationships in Ontario. Our legal team offers services tailored to your unique situation, whether you are:
Starting a relationship and need a cohabitation agreement
Separating and require a separation agreement
Seeking child support or custody arrangements
Planning your estate to protect your partner
Pursuing or defending a spousal support claim
With offices in Oakville, Vaughan, and the Hamilton region, Brace Law brings local knowledge, compassion, and strategic legal experience to every case.
Why Local Legal Help Matters for Common Law Couples in Ontario
Local courts in Ontario may interpret family law principles slightly differently, especially when it comes to equitable property division and custody arrangements. By working with a family lawyer in Oakville, Vaughan, or Hamilton, you benefit from:
Familiarity with local judges and court processes: Local knowledge allows for more strategic decision-making and better outcomes.
Access to in-person and virtual consultations: Flexible meeting options ensure you get legal help when and how you need it.
Community-focused legal representation: Our team understands the local demographics, languages, and values of our clients.
Multilingual legal services for diverse communities: We offer services in multiple languages to ensure everyone gets the legal help they need.
Brace Law is proud to serve clients across the GTA and beyond, making sure common law couples receive personalized and effective legal advice.
Take Control of Your Legal Rights in a Common Law Relationship in Ontario
Don’t assume you’re protected just because you’ve been living together for years. Legal rights in a common law relationship in Ontario differ significantly from those in a marriage, and misunderstanding these differences can have serious financial and emotional consequences.
Whether you need help with a cohabitation agreement, a child custody dispute, or a property claim, Brace Law is here to help.
Book a Consultation Today
Visit Brace Law to schedule a consultation with an experienced Family Lawyer in Ontario. Our team is ready to assist you with all your immigration needs in Oakville, Vaughan, and the Hamilton region.
📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4
📍 Our Vaughan Law Office: 3883 Highway 7 Road, Unit 220, Vaughan, ON L4L 6B9
📍 Our Hamilton Law Office: 96 King Street West, Dundas, Hamilton, ON, L9H 2V6
📞 Call Us: (905) 815-6555
📧 Email: staff@bracelaw.ca
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.