Common-Law Separation Ontario

Who Is a Common-Law Partner in Ontario?

The definition depends on context. For spousal support purposes under the Family Law Act, you must have:

• Lived together continuously for at least three years, or
• Lived together in a relationship of some permanence and have a child together

For income tax purposes, the federal definition kicks in after 12 months of cohabitation. Our lawyers clarify which definition applies to your situation.

Key difference: Married spouses in Ontario have automatic equalization rights over property gained during the marriage. Common-law partners do NOT unless they have a cohabitation agreement or can win a property claim in court.

Property Rights When a Common-Law Relationship Ends

Each partner generally keeps the property held in their own name. Unlike a married spouse, you cannot automatically claim a share of your partner’s property just because the relationship was long.

But there are legal remedies available if you contributed to property held in your partner’s name:

• Unjust enrichment: Your partner benefited unfairly from your contributions — financially or through labour — with no legal justification for keeping the full benefit.
• Resulting trust: You contributed money to property held in your partner’s name, which may give rise to a proportionate ownership claim.
• Constructive trust: A court may recognise your interest in the property as a remedy for unjust enrichment.

These claims require court proceedings and can be complex. The best protection is a cohabitation agreement signed before or during the relationship. Our lawyers handle both claims and agreements.