Common-Law Partner Rights in Ontario

Who Is a "Common-Law Partner" in Ontario?

Ontario law does not use a single consistent definition. Under the Family Law Act, you are a "spouse" (for support purposes) if you:

• Have cohabited continuously for at least 3 years, or
• Are in a relationship of some permanence and have a child together.

For other purposes (inheritance, CPP survivor benefits), different thresholds and definitions apply.

Property Rights — The Key Difference

Married spouses have an automatic right to equalization of net family property under the Family Law Act. Common-law partners do not.

This means: if your partner owns the home and you separate, you have no automatic right to share in its value — even if you lived there for 10 years and contributed to the mortgage.

You may still have remedies through the courts:

• Unjust enrichment — if you contributed to an asset and your partner would be unjustly enriched by keeping all of it.
• Constructive trust — courts can impose a trust if unjust enrichment is proven and there is a nexus to specific property.
• Resulting trust — if you contributed money toward property titled in your partner's name.

Spousal Support

Common-law partners who meet the 3-year or child-together threshold can apply for spousal support under the Family Law Act, just like married spouses. The Spousal Support Advisory Guidelines apply equally.

Inheritance

Common-law partners are not automatic heirs in Ontario. If your partner dies without a will, their estate passes to their children, then parents — not to you. You must have a will that names your partner as a beneficiary.

Steps to Protect Yourself

• Draft a cohabitation agreement defining property rights during and after the relationship.
• Ensure both names are on title if you contribute to purchasing a home.
• Name each other as beneficiaries on life insurance, RRSPs, and TFSAs.
• Update your will to include your partner.
• Grant powers of attorney for property and personal care to each other.