Do common-law partners have property rights in Ontario?

If you lived with your partner for years and the relationship is ending, one question tends to sit on your chest: do you have any claim to the house, the savings, or the pension — or does she? For common-law couples in Ontario, the answer catches most men off guard.

Do common-law partners split property 50/50 in Ontario?

No. In Ontario, the equal division of property after a relationship ends applies only to married spouses. Equalization — the legal process that adds up what each spouse is worth and evens out the difference — is set out in the Family Law Act and is reserved for marriage. If you never married, that process does not apply to you or to her.

That cuts both ways. She has no automatic claim to your assets, and you have no automatic claim to hers.

What does each partner keep?

The starting point is simple: each of you keeps what is in your own name. The car stays with whoever it is registered to. The bank account stays with whoever holds it. The house goes to whoever is on title. Debts follow the same rule — a debt in your name is yours to carry.

Joint property is the exception. A house you both own, or an account you hold together, is shared based on your ownership stake, not split down the middle by law.

When can a common-law partner claim a share of property?

You are not locked out. Ontario courts recognize that one partner can build value the other one keeps on paper. Two claims exist for exactly that situation:

• Unjust enrichment — where you contributed to something in her name (money, labour, years of unpaid work on a shared home) and she would walk away enriched while you walk away with nothing.
• Constructive or resulting trust — a court-recognized share of an asset held in her name, based on what you put in.

The Supreme Court of Canada, in Kerr v Baranow, also recognized the "joint family venture" — where a couple built their lives and finances together so completely that one partner is owed a share of the wealth that accumulated. None of these are automatic. You have to prove your contribution, which is why documents matter. Financial disclosure is where these cases are won or lost. Community Legal Education Ontario's Steps to Justice sets out how property and debts are treated for common-law couples.

What about the house you shared?

The matrimonial-home protections — the ones that give both married spouses an equal right to stay in the home regardless of whose name is on it — do not apply to common-law couples. If the house is in her name alone, she holds the legal right to it, and your claim runs through a trust argument, not automatic possession. If you are both on title, you each own your share.

If you are weighing whether to stay, sell, or be bought out, the same practical questions apply as for married couples — sell, keep, or buy out the house walks through the options.

Do child and spousal support still apply?

Yes. This is where common-law and marriage line up. Child support is based on the payor's income and the number of children, full stop — your marital status changes nothing. Spousal support can also apply: in Ontario, a common-law partner can qualify after living together for three years, or after having a child together, under the Family Law Act. Common-law spousal support covers who pays and how much.

The pattern is worth holding onto: property is where common-law differs from marriage; support is where it does not.

Where this leaves you

If you are common-law and separating, your property position depends less on a formula and more on the paper trail — title, contributions, and what you can show. Getting the full picture early is what keeps a fair claim from slipping away. Cairn helps you see where you stand and what to line up first, so the decisions ahead are based on facts instead of fear.

A cohabitation agreement can settle a lot of this in advance for the next relationship — here is what one does.