Legal clarity for common law couples

Common Law Marriage & Separation Lawyers in Ontario

Legal rights in common law relationships differ from marriage. We help you understand what applies to your situation and how to protect your interests during separation or in advance through agreements.

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Your rights in common law relationships

Recognizing the Relationship

What qualifies as common law in Ontario

Ontario recognizes common law rights after three years, or earlier with a child. We explain what legal rights you gain—and what protections you may need around property and support.

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Property Matters

How property is divided in separation

Common law couples do not automatically share property. We explain how ownership is determined, what exceptions exist, and how unjust enrichment claims can arise.

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Support Rights

When spousal support may apply

Spousal support rights may exist even without formal marriage. We guide you through entitlement based on length of relationship, economic disadvantage, and other legal standards.

Protecting Yourself

Why written agreements matter

Cohabitation agreements protect both parties’ property and financial rights. We help draft, review, and update agreements to reflect your real-world situation before problems arise.

Frequently Asked Questions

Answers to common concerns about separation and property division

How is a common law relationship legally defined in Ontario?

In Ontario, a common law relationship usually means living together continuously for at least three years, or for any length of time if you share a child. It grants some rights similar to married couples but differs when it comes to property division.

Unlike marriage, there is no automatic right to share property. Instead, each partner keeps ownership of what is in their name unless specific legal claims, like unjust enrichment, apply based on contribution.

Do common law partners share property equally?

No, common law partners generally retain ownership of their own property. There is no automatic equalization of assets like there is in marriage.

However, if one partner has significantly contributed to the other’s property or business, legal claims such as unjust enrichment or constructive trust can sometimes allow a share. Legal advice is critical to assessing entitlement properly.

Can common law partners claim spousal support?

Yes, common law partners may claim spousal support under Ontario law if they lived together for at least three years, or less if they share a child.

Spousal support depends on financial need, the relationship’s impact on income, and other factors. Courts assess whether one partner was economically disadvantaged by the relationship compared to the other.

Do common law partners need a cohabitation agreement?

Yes, a cohabitation agreement can protect both partners’ financial interests and outline property rights. It can cover support obligations, division of assets, debts, and other matters.

Without a cohabitation agreement, separating can lead to uncertainty and disputes. Clear documentation reduces conflict and protects both parties if the relationship ends.

How does separation work for common law couples?

There is no formal divorce process for common law couples. Separation occurs when partners stop living together with the intent to end the relationship.

Partners should address support, property, and parenting issues through agreements or court applications if needed. Written separation agreements help define terms and provide legal protection after the breakup.

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Marriage

Common law couples do not share the same rights and responsibilities available to married couples upon separation.

The Family Law Act allows for the “equalization” of net family properties. The value of the spouses’ assets accumulated during marriage will be divided equally upon divorce, subject to specific examples. The purpose of this is to ensure that spouses leave the marriage on an equal footing.

The matrimonial home is given special treatment in family law. The Family Law Act defines it as a home that is ordinarily occupied by the spouses as their family residence at the time of separation.

Upon separation, neither spouse can sell or otherwise encumber the home, except by court order, or with the consent of the other spouse. There is an important distinction between possession and ownership of the matrimonial home. Even if one spouse is the sole title holder of the matrimonial home, the other spouse still has the right to possession same. Thus, the non-owner spouse still enjoys the right to remain in the home after separation.

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Common Law

Ontario’s Family Law Act defines spouses as such:

Two persons who are not married to each other, but who have lived together for at least three years; or
Two persons who are in a relationship of some permanence and the parents of a child.

Common law spouses do not share property the same way married couples do. Firstly, there is no legal characterization of a “matrimonial home” for common law couples. A spouse who is not registered on title will neither enjoy the automatic right to share in the equity of the home, nor the right to possession of the home.

Secondly, common law spouses are not entitled to the “equalization” of property as mentioned above. Common law spouses have no automatic right to share in the value of the other spouse’s property when the relationship ends. Under some circumstances, common law spouses contribute both emotionally and financially to the other spouse’s property such that the benefiting spouse would unjustly walk away with a significant advantage. For example, while one spouse is the title holder of the home, the other spouse may have completed significant renovations, paid for utilities, and so on. In these cases, spouses might have recourse to “equitable relief” for compensation. However, these claims are difficult to make, and they do not guarantee separating spouses half the value of the
property, as is the case for married couples.

If you are considering common law marriage in Toronto, Ontario, or are contemplating a divorce from a common law marriage partner, our Toronto common law lawyers can help.

For more information about how our team of Toronto family lawyers can help, contact Nussbaum Law to book a free consultation.