Common-Law Relationship Rights in Ontario: What You Need to Know

Common-Law vs. Marriage in Ontario: Very Different Legal Rights

Many Ontarians assume that after living together for a certain period, common-law partners have the same rights as married spouses. This is a dangerous myth. While common-law partners in Ontario have some legal protections, they are significantly less than those of married spouses in several critical areas.

How Long Before You Are Common Law?

In Ontario, the threshold for being recognized as a "spouse" (common-law partner) varies by statute:

• Family Law Act (support only): Living together continuously for 3 years, or in a relationship of some permanence if you have a child together
• Succession Law Reform Act (inheritance/dependant support): Living together continuously for 3 years, or in a relationship of some permanence if you have a child together
• Canada Revenue Agency (tax purposes): 12 months of cohabitation

Property Rights: A Major Gap

This is the most important difference: Ontario's Family Law Act equalization of net family property applies only to married spouses. If you are a common-law partner and you separate, you have no automatic right to an equal share of property accumulated during the relationship — even property you contributed to.

Common-law partners may be able to claim a share of property through legal doctrines of unjust enrichment and resulting trust, but these claims are uncertain, contested, and expensive to pursue. A cohabitation agreement is the only reliable way to address property rights for common-law couples.

Spousal Support Rights

Common-law spouses who meet the 3-year threshold (or who have a child together in a relationship of some permanence) do have the right to seek spousal support under the Family Law Act. The same factors as for married spouses apply.

Inheritance Rights

Common-law partners do not automatically inherit under Ontario's intestacy rules. If your common-law partner dies without a will, you receive nothing under the default distribution formula. Writing a will that names your common-law partner as a beneficiary is essential.