Common Law Marriage in Ontario: What It Means, What It Doesn’t, and What You Really Need to Know
Let’s get this out of the way: there’s no such thing as a “common law marriage” in Ontario. Not legally, anyway. But before you roll your eyes or start spiraling through Google again, here’s the deal — what people call common law marriage does exist in practice, it’s just not the same thing as being legally married. And that distinction? It matters. It matters in courtrooms, it matters during separations, and it really, really matters when someone dies.
So if you’re living with someone, sharing bills, maybe raising kids, or just wondering if your “partner” legally counts as a “spouse,” you’re in the right place. This isn’t just about law. It’s about life, money, and protecting what matters.
What Is a Common Law Relationship in Ontario?
In simple terms, a common law relationship in Ontario refers to two people who live together in a marriage-like relationship without being formally married. You don’t need a ring. You don’t need a wedding. You don’t need matching bathrobes and a dog named Baxter (though hey, that helps the vibe). But legally? The government has a definition — and you better believe it’s not just about vibes.
Here’s what matters:
- You’ve lived together continuously for at least three years in a conjugal relationship; OR
- You’ve lived together for less than three years but have a child together by birth or adoption.
That’s it. That’s the basic threshold for provincial common law status in Ontario — and once you hit it, things start getting real.
Is Common Law the Same as Being Married?
Nope. And that’s where most people get tripped up. Being in a common law relationship doesn’t give you the same rights as being legally married — especially when it comes to property division if things fall apart.
Here’s the kicker:
- Married couples automatically have rights under the Family Law Act, which means everything acquired during the marriage is generally divided equally (with some exceptions).
- Common law couples? Not so much. Property stays with whoever’s name is on the title — unless you can prove something like unjust enrichment or a constructive trust in court.
Translation: If your name’s not on the house, and you separate after ten years? You might walk away with nothing, even if you paid half the mortgage every month. Unfair? Maybe. But it’s the law. And that’s why getting informed early is so important.
What Legal Rights Do Common Law Partners Have in Ontario?
Glad you asked. You’re not entirely out of luck — common law partners in Ontario do have legal rights, but they’re just more limited (and honestly, murkier).
Here’s what you do get:
- Spousal support: If you’ve lived together for 3+ years, or have a child together, you can apply for support — just like a married spouse.
- Child custody and access: Whether you’re married or not, kids come first. The same parenting rules apply.
- Child support: Again, doesn’t matter if you’re married. If you’re a parent, you’re responsible.
What you don’t automatically get:
- Property division
- Rights to the matrimonial home
- Survivor benefits from a pension (in some cases)
It’s a strange mix, right? Emotionally, you’re living like a married couple. Legally? It’s kind of like you’re roommates with parental responsibilities.
What Happens If You Break Up?
This is where things get sticky — because the law treats common law breakups differently from divorces. There’s no legal requirement to divorce from a common law relationship, because technically, you were never legally married. But that doesn’t mean you can just ghost and be done.
You still have to sort out:
- Parenting time and decision-making responsibilities (formerly called custody/access)
- Child support
- Possibly spousal support
But here’s where it gets dicey: property is not divided by default. So if your ex owns the house and you don’t — even if you helped renovate the kitchen, mow the lawn, or pay for the furnace — you may have no legal right to that property unless you can prove financial contribution in court. Honestly? This is where a lot of people get blindsided.
What Happens If Your Common Law Partner Dies?
Here’s something not enough people talk about: what happens if your partner dies and you weren’t legally married? If you’re common law and your partner didn’t leave a will naming you, guess what? You’re not automatically entitled to anything under Ontario’s succession laws.
Married spouses have a statutory right to inherit part of the estate, even without a will. Common law partners? Nope. If you’re not in the will, you may need to go to court just to claim what you think you deserve. And don’t even get me started on pensions, life insurance policies, or RRSPs without proper beneficiary designations.
So yeah, morbid as it sounds, if you’re in a long-term common law relationship, you really need to talk about estate planning.
Do You Need a Cohabitation Agreement?
Honestly… probably. If you’re living with someone and not married, a cohabitation agreement is the closest thing you have to legal peace of mind.
Think of it like a prenup, but for common law couples. It can outline:
- Who owns what
- How you’ll divide assets if you split
- Whether spousal support will be paid (or not)
It’s not just for the ultra-rich or overly cautious — it’s for anyone who wants to avoid nasty surprises if things don’t work out. And hey, it’s way cheaper than hiring lawyers to fight about property after the fact.
Are There Government Benefits or Tax Implications?
Absolutely. The CRA recognizes common law partners for tax purposes, which means:
- You can file your taxes as a couple
- Eligibility for certain benefits (like GST/HST credits or the Canada Child Benefit) changes
- You’re also responsible for reporting any support payments between common law partners
One important detail? The one-year rule. For tax purposes, you’re considered common law after 12 continuous months of living together — not three years. So yes, different rules for different systems. Because bureaucracy.
What About Immigration?
If you’re sponsoring a partner or being sponsored to live in Canada, common law status matters a lot. To sponsor a common law partner, you’ll need to prove:
- One year of continuous cohabitation
- Shared finances, responsibilities, or other evidence of a conjugal relationship
Immigration, Refugees and Citizenship Canada (IRCC) takes this seriously — so living together isn’t enough. You need paperwork, photos, joint accounts, leases… the whole nine yards.
What If You’re Not Sure If You’re Common Law Yet?
This is more common than you’d think. Maybe you’ve been together for a while, but you’re not sure when the clock “officially” started ticking. Was it when you moved in? When you opened a joint account? When your toothbrush mysteriously stayed the night… forever?
The truth is, courts look at a whole bunch of factors, not just the calendar:
- Did you present yourselves as a couple publicly?
- Did you share finances or parenting?
- Did you support each other emotionally or financially?
It’s less about a technical checklist and more about the nature of the relationship. Still, if you’re unsure — talk to a lawyer. Seriously. Even a quick consultation can save you headaches down the road.
Should You Worry About Being Common Law?
Let’s reframe the question. You shouldn’t worry — but you should be aware.
Too many people in Ontario assume that living together equals being married in the eyes of the law. And while that’s true for taxes and spousal support… it’s not true for property, wills, or pensions.
So no, don’t panic. Just plan.
Talk to your partner. Consider a cohabitation agreement. Make a will. Learn your rights before things go sideways. Because when relationships end — whether by choice or by tragedy — you don’t want to be left out in the cold just because you didn’t have the right paperwork.
Final Thoughts: Love Is Easy, Legal Is Not
Living with someone, building a life together, maybe raising kids — that’s no small thing. And the law in Ontario is finally starting to reflect that reality. But it’s not perfect. And it’s definitely not always fair.
So if you’re in a common law relationship — or you think you might be — don’t wait until the breakup, the death, or the dispute to figure it out.
Do the boring stuff now. Get informed. Get a cohabitation agreement. Maybe talk to a family lawyer (just once). It might feel overly cautious, but one day? You’ll be glad you did.
Helpful Links:
Family court website
Government website
Child support agreements
Parenting arrangements
Spousal support
Dividing property
GTA Divorce:
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