Common Law Marriage Ontario
Think you’re common law in Ontario? Think again. Many couples assume they’re protected like married partners—but legally, common law relationships offer far fewer rights, especially around property and inheritance.
Key Things to Consider:
- You are considered “common law” after 3 years of cohabitation or 1 year with a child.
- You have no property rights. You don’t get half of anything—not even the family home—unless it’s in your name.
- There is no automatic inheritance. If your partner dies without a will, you get nothing.
- Spousal support is possible but you must prove eligibility—support isn’t automatic.
- Proving common law status matters. Tax returns, joint accounts, shared leases, etc. help confirm your relationship legally.
- Unjust enrichment claims are risky. If you contributed to assets you don’t legally own, you’ll need to sue (and it’s expensive).
- Estate planning is essential. Wills, beneficiary forms, and cohabitation agreements are critical for protection.
- Most people overestimate their rights. Don’t assume marriage-level protections apply—because they don’t.
In Ontario, living together—even for decades—doesn’t mean you have legal rights like a married spouse. The law treats common law couples very differently. Early planning, legal advice, and clear agreements are the only way to protect yourself.
Read more to learn how Ontario’s laws really work and what steps you can take now to secure your rights.
What’s the Real Deal with Common Law in Ontario?
Ontario doesn’t have “common law marriage.” Period. You can live together for 30 years, have kids, buy houses together—you’re still not married. And that distinction can cost you.
So What Actually Makes You Common Law?
You’re common law after three years of living together like a married couple. That drops if you have kids together. But here’s the kicker: “living together” means way more than sharing an address.
You need the whole package—shared finances, presenting as a couple, making life decisions together. Roommates with benefits don’t cut it. The law wants to see a marriage-like relationship in everything but the certificate.
How’s This Different from Being Married?
Married couples get automatic 50/50 property entitlements when they divorce. Common law couples? You keep what’s in your name. That’s it. Unless you can prove more.
Your spouse bought the house before you moved in? Still theirs. You paid the mortgage for 15 years? Tough luck, you’ve got to show that you made the contributions, that your ex benefitted from it AND that you deserve to share in the property in return for it. You renovated the kitchen? Hope you kept receipts, because you’ll need to sue for compensation.
The matrimonial home protections that save married couples don’t exist for you. If your name isn’t on the deed, you could be homeless tomorrow.
Why Does Ontario Treat You Differently?
The law assumes married couples made a conscious choice to share everything. Common law couples? The law figures you chose not to get married for a reason, so you must want to keep things separate.
This assumption destroys people financially. Most common law couples think they have the same rights as married couples. They don’t, and finding out during separation is devastating.
Do You Actually Qualify as Common Law?
The rules are trickier than you think, and getting it wrong means no protection at all.
How Long is Long Enough?
Three years of continuous cohabitation. But “continuous” doesn’t mean you can never be apart. It means you’ve built a shared life without major interruptions that break the relationship.
Work trips, visiting family, even temporary separations don’t reset the clock. But on-and-off relationships or extended breaks might disqualify you entirely.
With kids, it’s one year minimum, but only if you’re in a “relationship of some permanence.” Courts look at whether you intended to build a lasting life together, not just co-parent temporarily.
How Do You Prove You’re Common Law?
You need evidence of your shared life. Joint bank accounts, shared leases, insurance policies naming each other, tax returns filed as common law—all crucial proof.
Social media posts, witness testimony from friends and family, shared credit cards, and utility bills in both names help build your case. The more evidence across different areas of life, the stronger your position.
What Documents Actually Matter?
Tax returns are gold. If you’ve been filing as common law with CRA, that’s powerful evidence of your status and timeline.
Joint ownership documents, shared insurance policies, wills naming each other, and any government forms where you declared common law status all carry weight. Keep everything that shows you’ve been recognized as a couple by institutions.
What Rights Do You Actually Have?
Spoiler alert: way fewer than you think.
Property Rights? What Property Rights?
You have none. Zero. The Family Law Act‘s property division rules apply only to married couples. Everything stays with whoever owns it legally.
But you’re not completely screwed. If you contributed significantly to property your partner owns—money, labour, improvements—you might have an unjust enrichment claim. Maybe.
These claims are expensive, time-consuming lawsuits with no guaranteed outcome. You’ll spend thousands trying to prove your contributions were valuable and that your partner was unfairly enriched. Good luck with that.
Can You Get Spousal Support?
Yes, and this is where common law couples get the same treatment as married couples. If you qualify, you can claim support based on need or compensation for sacrifices you made during the relationship.
Courts look at relationship length, income differences, who did what during the relationship, and your ability to support yourself. The Spousal Support Advisory Guidelines help determine amounts, but judges have discretion.
Support isn’t automatic though. You need to prove entitlement, and waiting too long to claim it weakens your case significantly.
How Does Money Work in Common Law Relationships?
It’s complicated, and the complications usually favour whoever makes more money.
Taxes and Benefits
CRA recognizes you as common law after 12 months (or immediately with kids). This affects your benefits—sometimes positively, sometimes not.
You might lose single-person benefits but gain access to spousal RRSPs and pension splitting. Your combined income affects things like GST credits, child benefits, and other income-tested programs.
Who Pays for What?
Unlike married couples, you have no legal obligation to support each other following the relationship. You’re financially independent unless you specifically agree otherwise.
Joint debts are different—if both names are on the mortgage or loan, you’re both responsible for the full amount. Your partner defaults? Creditors come after you for everything.
What About Kids?
Kids change everything—but not in the way you might think.
Child Support Rules
Child support obligations are identical whether you’re married or common law. Both parents must financially support their kids according to the Child Support Guidelines.
The amount depends on income and parenting arrangements. These obligations exist regardless of your relationship with the other parent and can’t be waived without court approval.
Parenting and Decision Making
Your marital status means nothing for parenting rights. Courts only care about what’s best for the kids.
Both parents have equal rights to seek decision-making responsibility and parenting time. The court looks at stability, the child’s needs, existing relationships, and the parents’ ability to cooperate.
What Happens When Common Law Relationships End?
It gets messy fast, and usually expensive.
Separation Reality
No automatic property division means each person keeps what’s legally theirs. This creates massive imbalances when one partner sacrifices career opportunities or contributes to property they don’t own.
You might pursue unjust enrichment claims, but these are complex lawsuits that can cost tens of thousands with no guarantee of success. Most people can’t afford the legal battle.
Death Without Marriage
If your partner dies without a will, you are not guaranteed anything.
Recent court decisions limit you to two years to make any claims against the estate. After that, you’re out of luck.
Estate Planning Becomes Critical
Wills, joint ownership, beneficiary designations—these aren’t optional for common law couples. They’re essential survival tools.
Without proper estate planning, the surviving partner faces immediate financial crisis on top of grief. The law treats you as strangers to each other’s affairs.
Estate Planning for Common Law Couples
This isn’t about planning for the future—it’s about protecting yourself right now. Wills are the first tool in your toolbox.
Joint ownership with the right of survivorship protects major assets like homes and bank accounts. Beneficiary designations on RRSPs, pensions, and insurance policies ensure your partner gets these assets directly.
Powers of attorney for property and personal care are essential. Without them, your partner can’t make financial or medical decisions if you’re incapacitated.
Can Common Law Partners Inherit Anything?
Not automatically. This harsh reality makes estate planning mandatory, not optional. A simple will naming your partner as beneficiary solves most inheritance problems, but many couples never get around to it.
When Do You Need Legal Help?
Honestly? Way sooner than you think. Get legal advice when you’re moving in together seriously, buying property, having kids, or planning your estate. Don’t wait until separation—by then, your options are limited and expensive.
The limited rights of common law couples make early planning crucial. Understanding your vulnerabilities lets you take steps to protect yourself before problems arise.
When Should You Call a Family Lawyer?
Call when you’re entering a serious relationship, buying property together, having children, facing separation, or planning your estate. The stakes are too high to guess about your rights.
Property issues for common law couples require specialized knowledge. These aren’t DIY legal problems—the complexity and financial consequences demand professional guidance.
Your Biggest Questions Answered
How long until you’re common law in Ontario?
Three years living together like a married couple, or less if you have kids together. But “living together” means way more than sharing space—you need shared finances, social recognition as a couple, and marriage-like commitment.
Do common law couples have the same rights as married couples?
No way. You get spousal support and child support rights, but zero automatic property rights. Married couples get 50/50 property splits automatically. You get whatever’s in your name, period.
Can you claim half your partner’s stuff when you break up?
Not automatically. You might have unjust enrichment claims if you contributed significantly to their property, but these are expensive lawsuits with uncertain outcomes. Most people can’t afford the legal battle.
What happens if your common law partner dies?
You inherit nothing automatically.
Should common law couples get cohabitation agreements?
Absolutely. These agreements can provide property protections the law doesn’t give you automatically. They clarify who owns what and what happens when relationships end. Given your limited rights, these agreements are essential protection.
Don’t Get Caught Off Guard
Common law relationships in Ontario come with serious legal blind spots that can destroy people financially. The law offers almost no automatic property protection—no matter how long you’ve been together or what you’ve contributed.
Many couples wrongly assume they have the same rights as married spouses. They don’t. And finding out during a breakup often means losing your home, savings, or financial security.
The solution isn’t necessarily marriage—it’s understanding your actual rights and putting proper protections in place. Cohabitation agreements, estate planning, and smart property ownership strategies can give you the legal security the law doesn’t provide on its own.
Don’t wait for a crisis to learn your rights. Early planning protects your interests and avoids costly consequences later.
At Alves Law, we help common law couples navigate Ontario’s complex legal landscape. We have extensive experience with cohabitation agreements that provide property protections the law doesn’t offer automatically. We also handle complex property division issues and spousal support claims for separating couples. We also support families with child support matters to ensure children receive the financial care they deserve.
Contact Alves Law today for a confidential consultation about your common law relationship rights.