What You Need to Know About Being a Common Law Spouse in Ontario

Many people in Ontario believe that if you live together long enough, you’re automatically considered married in the eyes of the law. While that might be partly true in certain situations, the legal rights of a common law spouse in Ontario differ significantly from those of a married couple. And misunderstanding those differences can cost you—emotionally, financially, and legally.

If you’re living with a partner or recently separated from one, it’s important to understand how Ontario law treats common law relationships. Whether you’re thinking about moving in together or trying to figure out your rights after a breakup, this guide will walk you through what the law says, what your rights are, and what steps you may want to take to protect yourself.

What Is a Common Law Spouse in Ontario?

In Ontario, a common law spouse is someone who has lived with their partner in a conjugal relationship for at least three years, or for any length of time if they share a child by birth or adoption. Unlike marriage, there’s no ceremony, no paperwork, and no formal registration involved.

But just because the relationship isn’t legally registered doesn’t mean it has no legal consequences. Far from it. In some cases, common law partners may be entitled to spousal support, parental rights, and even a share of certain assets. In other cases, they may walk away with nothing.

Key Legal Differences Between Married and Common Law Couples

One of the biggest misconceptions we hear from clients is that common law spouses automatically have the same rights as married couples. That’s simply not true.

Here are some important distinctions:

Property Division

Married couples in Ontario are subject to the equalization of net family property, which means each spouse has a legal claim to a portion of the other’s assets acquired during the marriage.
Common law spouses do not have automatic property rights. If you separate, you don’t have a legal right to half the house, even if you lived in it for a decade, unless your name is on the title or you can prove a legal trust claim.

Spousal Support

Spousal support is available to both married and common law spouses in Ontario, but you must meet eligibility criteria.
If you lived together for at least three years, or had a child together and lived in a relationship of some permanence, you may be entitled to support.
Courts will consider factors like length of the relationship, roles during the relationship, financial need, and ability to pay.

Inheritance and Estates

A married spouse is automatically entitled to inherit under Ontario’s Succession Law Reform Act if their spouse dies without a will.
A common law spouse is not. Without a will, they may receive nothing unless they make a dependency claim through court.

Pensions and Benefits

Some employer pension plans and government benefits extend to common law spouses.
You usually have to prove the length and nature of your relationship with documentation.

Rights of a Common Law Spouse After Separation in Ontario

If your common law relationship ends, you may still have legal responsibilities and entitlements. But there is no standard “divorce” process, which often leaves people unsure of where they stand.

Here’s what you should know:

Spousal Support After Separation

You may be entitled to support if your relationship qualifies under Ontario law.
You can negotiate a private agreement or apply to court for a spousal support order.
There are deadlines to apply, so don’t wait too long.

Property and Possessions

You only have a legal right to property you personally own or jointly own.
If you contributed to your partner’s property financially or through unpaid labour, you might be able to make a constructive trust claim. This is complex, so speak with an experienced family lawyer in Ontario.

Parenting Rights

If you have children together, you have the same parental rights and responsibilities as married parents.
You may need to work out parenting time, decision-making responsibility, and child support.

Have questions? Contact our team to learn more about your options.

Real-World Example: When Common Law Assumptions Backfire

We once worked with a client named Jordan who had lived with his partner for 11 years. Their finances were intertwined, but the house was in her name. When they split, he assumed he would be entitled to half the property. Unfortunately, the law didn’t support that assumption.

Because they had no cohabitation agreement and the house wasn’t jointly owned, Jordan had to prove that he contributed in a way that created a financial interest. That meant gathering years of receipts, bank statements, and even testimonies. It was a stressful and costly process that could have been avoided with the right planning.

Don’t assume common law means common sense. The law is very specific in Ontario, and a little preparation can go a long way.

Do You Need a Cohabitation Agreement?

A cohabitation agreement is one of the most effective ways to protect yourself in a common law relationship. This legal document outlines your rights and responsibilities during the relationship and sets out what happens if you separate.

Here’s what it can cover:

Who owns what
How bills and debts are split
Whether spousal support will be paid after a breakup
What happens to joint purchases
Rules about the home you live in

These agreements are enforceable in court if properly drafted and signed. You should each get independent legal advice to make sure your agreement is valid.

See our transparent pricing for cohabitation agreements and related services.

How to Prove a Common Law Relationship in Ontario

Sometimes the hardest part is proving that the relationship existed in the first place. This often comes up in legal disputes over support or benefits.

Evidence that helps includes:

Joint lease or mortgage
Joint bank accounts or credit cards
Mail addressed to both partners at the same address
Affidavits from friends or family
Photos, texts, or travel records showing the relationship

If you’re planning to claim spousal support or access benefits, keep records. You never know when you might need them.

What Happens if a Common Law Spouse Dies Without a Will?

This is one of the most heartbreaking and misunderstood areas of law in Ontario. If your common law partner dies without a will, you are not automatically entitled to anything—not even the home you lived in together.

Unless your name is on the property or you can prove dependency, you may be left with nothing. That’s why we always urge clients to have an updated will, especially in blended families or long-term common law relationships.

Book your free consultation today to speak with a lawyer about estate planning and common law protection.

Final Thoughts: Know Where You Stand as a Common Law Spouse in Ontario

If you’re living with a partner or separating after a common law relationship, don’t guess what your rights are. In Ontario, the law draws clear lines between married and common law couples, and the consequences of not knowing those differences can be serious.

Whether you need to protect your assets, understand your support entitlements, or simply clarify your obligations, we’re here to help.

Book your free consultation today and get the clarity you deserve.

Helpful Resources for Common Law Spouses in Ontario

Family court website
Government website
Child support agreements
Parenting arrangements
Spousal support
Dividing property
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Separation Agreements