# Common-Law vs Married in Ontario: What Actually Happens When You Separate? One of the biggest misconceptions in Ontario family law is that common-law couples have the same rights as married couples. Many people assume that after living together for a few years, they're entitled to "half of everything" when the relationship ends. This is not true, and the difference can be worth hundreds of thousands of dollars. If you're separating from a common-law partner in Ontario, this guide explains what you're actually entitled to, what you're not, and how to protect yourself. ## The Short Answer: Common-Law Is Not the Same as Married In Ontario, **married couples** and **common-law couples** are treated very differently when it comes to property division. When married spouses separate, Ontario's Family Law Act provides an automatic system for dividing property called [equalization](/glossary#letter-e). Each spouse calculates their net worth, and the spouse with more generally pays the other to equalize things. When common-law partners separate, **there is no automatic property division**. Each person keeps whatever is in their own name. If your partner owns the house and it's only in their name, you don't automatically get half, no matter how long you lived together. This surprises many people. But it's the law in Ontario. However, common-law partners **can** have rights to spousal support, and there are some legal claims you might be able to make about property. The rules are just different and more limited. ## What Is a "Common-Law" Relationship in Ontario? The definition of common-law depends on what you're asking about. **For spousal support purposes**, you're considered a spouse in Ontario if you and your partner have cohabited in a conjugal relationship for at least **3 years**, or if you have lived together in a relationship of some permanence and have a child together. **For property division purposes**, there is no special status for common-law couples under the Family Law Act. You could live together for 20 years, and you still wouldn't have automatic equalization rights. **For federal programs** like taxes or benefits, CRA generally considers you common-law after **12 months** of living together or if you have a child together. But federal definitions don't give you property rights under Ontario law. The bottom line: living together for many years does not give you the same property rights as getting married. ## Property Division: What Married Couples Get When married spouses separate in Ontario, the Family Law Act provides a structured process for dividing property. Each spouse calculates their [net family property](/glossary#letter-n), which is roughly what they own minus what they owe on the date of separation, with some adjustments for what they brought into the marriage. The spouse with the higher net family property pays the other spouse an **equalization payment** to balance things out. The goal is for both spouses to leave the marriage with similar net value from the relationship. This applies to almost everything: bank accounts, investments, pensions, vehicles, business interests, and the equity in the home. The **matrimonial home** has special status for married couples. Both spouses have equal right to live in it, regardless of whose name is on title. One spouse cannot sell or mortgage it without the other's consent. And the full value of the home on separation is included in equalization, even if one spouse owned it before the marriage. For more details on how this works, see our guides on [dividing property in an Ontario separation](/blog/dividing-property-ontario-separation-divorce) and [who gets the house](/blog/who-gets-the-house-ontario-separation-matrimonial-home). ## Property Division: What Common-Law Partners Get Common-law partners do **not** have equalization rights under the Family Law Act. When a common-law relationship ends, the default rule is simple: **you keep what's in your name**. If the house is in your partner's name, it's theirs. If the car is in your name, it's yours. If a bank account is joint, you each have a claim to it, but the specific split depends on the circumstances. That default can be changed by joint ownership or by legal claims like unjust enrichment or constructive trust, which are discussed below. But without those, there is no automatic "50/50" split and no equalization payment. This means that if your partner accumulated significant assets during the relationship while you stayed home to raise children or supported their career, you don't automatically share in those assets. If your partner bought a house and put only their name on title, you could leave the relationship with nothing from that house, even if you contributed to mortgage payments or household expenses for years. This is why the distinction between married and common-law matters so much. ## Can Common-Law Partners Claim Anything About Property? While common-law partners don't have automatic property division rights, they're not completely without options. There are some legal claims you might be able to make, but they're harder to prove and less predictable than equalization. ### Unjust Enrichment Claims The most common claim is **unjust enrichment**. This is a legal argument that your partner was enriched at your expense without a legal reason, and it would be unfair for them to keep that benefit. To succeed, you generally need to show that your partner received a benefit (like increased home equity, a business you helped build, or assets you contributed to), that you suffered a corresponding loss or deprivation, and that there's no legal reason for your partner to keep the benefit without compensating you. If you succeed, the court might order your partner to pay you money or, in some cases, give you a share of specific property. Unjust enrichment claims can be complex and expensive to pursue. They require evidence of your contributions and often involve expert testimony about the value of those contributions. The outcome is uncertain because courts evaluate each case individually. ### Resulting Trust Claims A **resulting trust** claim argues that even though property is in your partner's name, you're actually entitled to a share because of the contributions you made. For example, if you provided the down payment for a house but your partner's name went on title, you might claim a resulting trust over your share. These claims also require specific evidence and are fact-dependent. ### Constructive Trust Claims A **constructive trust** is similar but focuses on whether it would be unjust for your partner to keep the property given your contributions and the circumstances of the relationship. ### The Bottom Line on Property Claims These claims exist, but they're not the same as equalization. They require you to prove your case with evidence. They're more expensive and time-consuming than the relatively straightforward equalization process married couples use. And the outcomes are less predictable. If you're a common-law partner and you believe you have a claim to property, you need legal advice. This is not a DIY situation. ## Do Common-Law Partners Get Spousal Support? Yes, common-law partners **can** be entitled to spousal support in Ontario. For spousal support purposes, you qualify as a "spouse" under the Family Law Act if you have cohabited in a conjugal relationship for at least **3 years**, or you have lived together in a relationship of some permanence and have a child together. If you meet either of these tests, you can apply for spousal support just like a married person. The factors the court considers are similar: length of the relationship, roles during the relationship, income disparity, sacrifices made for the relationship, and ability to become self-sufficient. The Spousal Support Advisory Guidelines (SSAG) are used as a reference point for amount and duration. The SSAG are not legally binding but are commonly used by courts and lawyers in Canada. For more on how spousal support works, see our guide on [spousal support in Canada](/blog/spousal-support-canada-who-pays-how-long). **Important:** The fact that you can claim spousal support does not mean you can claim property division. These are separate issues. You might be entitled to significant spousal support but still have no automatic claim to your partner's house or pension. ## What About Child Support and Parenting? Child support and parenting arrangements work the **same way** for common-law and married parents. If you have children together, both parents have obligations to support them regardless of whether you were married. Child support is calculated using the federal [Child Support Guidelines](/blog/child-support-canada-how-calculated-when-changes) based on income and parenting time. The rules don't change based on your marital status. Parenting arrangements, including decision-making responsibility and parenting time, are also determined the same way. The court focuses on the best interests of the child, not whether the parents were married. So while property rights differ dramatically between married and common-law couples, your rights and responsibilities regarding your children are essentially identical. ## What About Debt? Just as common-law partners keep assets in their own name, they're generally responsible for debts in their own name. If your partner has $50,000 in credit card debt that's only in their name, that's their debt. You're not automatically responsible for it just because you lived together. If you have joint debts, like a joint line of credit or a mortgage you're both on, you're both responsible to the creditor regardless of your relationship status. The creditor can pursue either of you for the full amount. For married couples, debts are factored into the equalization calculation, which can affect who owes whom money overall. For common-law couples, there's no such calculation. You each deal with your own debts. For more on how debt works in separation, see our guide on [how debt works in a divorce](/blog/how-does-debt-work-in-a-divorce-in-ontario). While that guide focuses on married couples, the sections on joint debts and creditor rights apply to common-law partners too. ## Can We Make an Agreement About Property? Yes. Common-law partners can (and often should) create a **cohabitation agreement** that sets out how property and support will be handled if the relationship ends. A cohabitation agreement can specify how assets will be divided if you separate, what happens to the home (even if it's in one person's name), whether spousal support will be paid, and how specific property like businesses or investments will be treated. If you later get married, your cohabitation agreement can automatically become a marriage contract, or you can create a new agreement. These agreements are especially important for common-law couples because without one, you have very limited property rights. An agreement lets you create the protections that married couples get automatically. If you're already separating and didn't have an agreement, you can still negotiate a **separation agreement** that settles all the issues between you. For more on this, see our guide on [separation agreements in Ontario](/blog/separation-agreement-ontario-what-to-include). ## Common-Law vs Married: Quick Comparison | Issue | Married | Common-Law | |:--|:--|:--| | Automatic property division | Yes (equalization) | No | | Special rights to the home | Yes (matrimonial home rules) | No | | Spousal support | Yes | Yes (if 3+ years conjugal cohabitation or child together) | | Child support | Yes | Yes (same rules) | | Parenting rights | Yes | Yes (same rules) | | Need a divorce to end relationship | Yes | No | | Debt responsibility | Factored into equalization | Each keeps their own | ## What If I Thought We Were Basically Married? Many people in long-term common-law relationships believe they have the same rights as married couples. They may have raised children together, bought property together, and built a life together for 10, 15, or 20 years. It can be devastating to learn that after all that time, you don't have automatic rights to your partner's property. If you're in this situation, don't assume you have no options. You may have claims based on unjust enrichment or trust law. You may be entitled to significant spousal support. And you can negotiate a separation agreement that divides things more fairly than the default rules would. But you need to act carefully and get legal advice. [Talk to a family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) who can assess your specific situation and explain your options. If you can't afford a lawyer, see our guide on [free and low-cost family law help in Ontario](/blog/free-low-cost-family-law-help-ontario). ## Protecting Yourself If You're Common-Law If you're currently in a common-law relationship and want to protect yourself, here are some practical steps. **Consider getting married.** This is the simplest way to gain automatic property rights. Marriage gives you equalization rights that you won't have otherwise. **Create a cohabitation agreement.** If you don't want to get married, a cohabitation agreement can give you similar protections. Work with a lawyer to create one that's fair and enforceable. **Put your name on property.** If you're contributing to a home, make sure your name is on the title. If you're building a business together, make sure the ownership structure reflects your contributions. **Keep records of your contributions.** If you're contributing to property in your partner's name, keep records. Save bank statements showing payments, keep receipts, and document your contributions. This evidence could be important if you ever need to make an unjust enrichment claim. **Get legal advice early.** If your relationship is ending, talk to a lawyer before agreeing to anything. The default rules for common-law separation are harsh, and you need to understand your rights before negotiating. ## Key Takeaways Common-law couples in Ontario do **not** have the same property rights as married couples. There is no automatic property division or equalization for common-law partners. When a common-law relationship ends, each person generally keeps what's in their own name, unless there is joint ownership or a successful legal claim like unjust enrichment. You don't automatically get "half" of your partner's assets, no matter how long you lived together. Common-law partners **can** claim spousal support if they cohabited in a conjugal relationship for at least 3 years, or if they have a child together and lived in a relationship of some permanence. Common-law partners may have claims to property through unjust enrichment or trust law, but these are harder to prove and less predictable than equalization. Child support and parenting arrangements are the **same** for common-law and married parents. A cohabitation agreement can give common-law couples property protections they wouldn't otherwise have. If you're separating without one, a separation agreement can help settle things fairly. If you're a common-law partner facing separation, get legal advice. The default rules may not protect you, but you may have options you don't know about. ### Disclaimer This article provides general information about the legal differences between common-law and married couples in Ontario. It is not legal advice. Family law is complex, and how the law applies depends on your specific situation. For advice about your case, speak to a family law lawyer in Ontario.