In Ontario, common-law spouses do not have the same legal rights as married spouses. While common-law partners may be entitled to spousal support in certain circumstances, they do not have automatic rights to property division or inheritance.
What a common-law spouse is entitled to depends on the type of legal claim involved, whether it relates to property, support, or estate matters, and often requires court-based equitable remedies rather than automatic statutory entitlements. Because outcomes are highly fact-specific, understanding these distinctions is critical when a relationship ends or when a partner passes away.
Who Is Considered a Common-Law Spouse in Ontario?
Common law meaning in Ontario’s legal context refers to a person who is not legally married to their partner but lives with them in a conjugal relationship. While many people search for “common-law marriage,” Ontario does not recognize marriage through cohabitation alone. Living together does not create the same legal rights as marriage.
A common-law spouse in Ontario is a person who is not legally married to their partner but lives with them in a conjugal relationship.
Under Ontario’s Family Law Act, you are defined as common law for spousal support if:
- The partners have cohabited continuously for at least three years, or
- They are in a relationship of some permanence and have a child together.
This definition applies primarily to spousal support, not property division.
Many people assume that living together long enough creates the same rights as marriage. Under Ontario law, that is not the case. Property rights and inheritance rights remain fundamentally different for common-law couples.
In certain non-family-law contexts — such as pension legislation — similar definitions may apply for specific benefits. However, those definitions do not create general property or inheritance rights between common-law partners.
What Are You Entitled to After a Common-Law Separation in Ontario?
When a common law separation occurs, the rules for dividing assets are vastly different from those for married couples. Many common law partners assume they have a “50/50” right to property, but this is a misconception.
1. Property Rights After a Common-Law Separation
Common-law spouses in Ontario do not have an automatic right to divide property when they separate.
Unlike married spouses, common-law partners are not entitled to an equalization of net family property under the Family Law Act.
Instead:
- property ownership is generally determined by legal title;
- the person whose name appears on the asset is presumed to own it;
- jointly owned property is divided according to ownership interests.
As a result, one partner may leave the relationship with significantly fewer assets even after a long-term relationship — unless additional legal claims are available.
2. Unjust Enrichment and Constructive Trust Claims
When legal title does not reflect the reality of the relationship, a common-law spouse may pursue an equitable claim.
These claims are not automatic and require court approval.
A court may find unjust enrichment where:
- one partner was enriched,
- the other partner suffered a corresponding deprivation, and
- there is no legal reason justifying that enrichment.
In long-term relationships, courts may assess whether the couple operated as a joint family venture, considering factors such as:
- mutual effort,
- economic integration,
- prioritization of the family unit,
- shared intention and decision-making.
If proven, the court may award:
- a monetary judgment, or
- in limited circumstances, a constructive trust granting an interest in specific property (such as a home).
These claims often arise where one partner contributed financially or through unpaid labour while holding no legal title.
3. Spousal Support Entitlements
While property rights are limited, spousal support rights for common-law spouses can be significant.
If the statutory definition of spouse is met, a common-law partner may seek spousal support under Ontario’s Family Law Act.
Courts consider factors such as:
- length of cohabitation,
- roles during the relationship,
- economic disadvantage arising from the relationship or its breakdown,
- financial need and ability to pay,
- childcare responsibilities,
- prospects for self-sufficiency.
The Spousal Support Advisory Guidelines are often used to estimate ranges, though they are not binding.
Support entitlement does not depend on property ownership and may exist even where one partner owns most or all of the assets.
4. Inheritance Rights Without a Will
Common-law spouses do not automatically inherit from each other under Ontario law.
If a partner dies without a will, the intestacy rules under the Succession Law Reform Act apply. These rules generally distribute the estate to:
- children,
- parents,
- siblings or other blood relatives.
Married spouses receive statutory protection under intestacy legislation. Common-law partners do not.
This means that a surviving common-law partner may receive nothing automatically, regardless of the length of the relationship.
5. Dependant’s Support Claims Under the SLRA
Although common-law partners lack intestacy rights, they may be entitled to bring a dependant’s support claim.
Under Part V of the Succession Law Reform Act, a surviving common-law spouse may apply to the court if:
- they were financially dependent on the deceased, and
- the deceased failed to make adequate provision for their support.
If successful, the court may order:
- monthly support payments,
- a lump-sum award,
- or other appropriate financial relief.
This claim is separate from inheritance and is based on need and dependency, not marital status.
Common Misconceptions About Common-Law Relationships in Ontario
Common-law relationships are frequently misunderstood.
- “Common-law is the same as marriage.”
False. Ontario law treats marriage and common-law relationships differently in key areas. - “Living together long enough gives me property rights.”
Cohabitation alone does not create automatic ownership rights. - “I automatically inherit my partner’s estate.”
Without a will, common-law partners generally do not inherit. - “If I helped pay for the house, I automatically get half.”
Contributions may support an equitable claim, but outcomes depend on evidence and legal analysis. - “The matrimonial home rules protect me.”
Matrimonial home protections apply primarily to married spouses.
How Can Common-Law Partners Protect Their Rights?
Without proper planning, common-law spouses are often left relying on litigation rather than legal certainty.
Practical steps include:
- Cohabitation agreements setting out property and support arrangements;
- Clear title structuring when purchasing property together;
- Wills and estate planning to avoid intestacy risks;
- Beneficiary reviews for pensions, insurance, and registered accounts.
Proactive planning can significantly reduce uncertainty and conflict later.
When Should You Speak With a Family Lawyer?
You may benefit from legal advice if you are:
- separating from a common-law partner,
- disputing ownership of property,
- seeking or responding to spousal support,
- dealing with the death of a partner,
- uncertain about your rights or exposure,
- considering a cohabitation agreement or estate planning.
Early advice often prevents costly disputes later.
Frequently Asked Questions
Is a common-law spouse entitled to half in Ontario?
No. There is no automatic right to half of property. A claim may exist only through equitable remedies such as unjust enrichment or constructive trust.
How long do you have to live together to be common-law in Ontario?
Generally three years, or less if the couple has a child together, for spousal support purposes.
Does common-law mean married in Ontario?
No. Marriage and common-law relationships carry different legal rights.
Can a common-law spouse get spousal support?
Yes, if the legal definition of spouse is met and the circumstances justify support.