Marriage vs. Common Law in Ontario: Know Your Rights
Living together for 3 years does not give you half the house. Learn the critical differences in Property, Debt, and Inheritance rights between married and common law spouses.
Legal Review: This comparison guide was reviewed by Deepa Tailor, Senior Family Lawyer, to clarify the distinct rights under the Family Law Act and Succession Law Reform Act.
The Quick Answer: Does Common Law = Married?
In Ontario, NO. While Common Law partners (living together 3+ years or having a child) have the same obligations for Spousal Support and Child Support, they have ZERO automatic rights to Property Division. Unlike married couples, common law partners are not entitled to an 'Equalization Payment' or the 'Matrimonial Home.' You leave with what is in your name, unless you can prove you contributed to the other person's assets in court (Constructive Trust).
Where the Law Treats You Differently
Matrimonial Home
Married:
Both have equal right to possession, even if one owns it.
Common Law:
Only the owner has the right to live there; the other can be kicked out.
Division of Assets
Married:
Automatic 50/50 split of wealth growth.
Common Law:
"What's mine is mine." No split without a lawsuit.
Inheritance
Married:
Automatic share if spouse dies without a will.
Common Law:
ZERO inheritance if spouse dies without a will.
When Does 'Common Law' Start?
Family Law Definition
For Support purposes under Ontario's Family Law Act, you are considered common law after:
- 13 years of continuous cohabitation
- ORImmediately if you have a child together "in a relationship of some permanence"
This definition applies to Spousal Support and Child Support obligations only. It does NOT grant you property rights.
Tax Definition (CRA)
The Canada Revenue Agency (Federal) considers you common law after:
Only 1 year of cohabitation
Common Confusion:
This 1-year rule only affects your tax return (GST credits, CCB, etc.). It does NOT grant you property rights in Ontario. You still have zero claim to your partner's assets.
How Common Law Couples Can Protect Themselves
Cohabitation Agreement
A contract that "opts in" to property sharing. It dictates who gets the house/pets if you split.
Joint Title
If you buy a house, ensure both names are on the deed. "Paying half the mortgage" gives you very few rights if your name isn't on the title.
Wills & Powers of Attorney
Essential. Without a Will, your partner gets nothing, and your parents/siblings might inherit your estate.
Keep Receipts
If you renovate a partner's home, keep proof. You may need to sue for "Unjust Enrichment" later.
Critical Note: Without a Cohabitation Agreement, common law partners have no automatic right to property division. You must prove your contribution through a Constructive Trust or Unjust Enrichment claim—an expensive and uncertain legal battle.
Relevant Laws & Statutes
Family Law Act (Part III: Support Obligations)
Ontario statute governing spousal support for common law and married couples
Succession Law Reform Act (Intestacy Rules)
Ontario law defining inheritance rights when someone dies without a Will
CRA (Marital Status Rules)
Federal tax definition of common law status (1 year cohabitation)
Legal Disclaimer: These statutes are provided for informational purposes. Always consult with a qualified family lawyer to understand how these laws apply to your specific situation.
Relationship Status FAQs
Still Have Questions? Every relationship is unique. These FAQs provide general guidance, but your specific situation may require personalized legal advice.
More on Relationship Rights
Deepa Tailor
Senior Family Lawyer
Deepa Tailor helps common law and married couples navigate the complexities of property rights, drafting Cohabitation Agreements that prevent financial devastation. With extensive experience in Ontario family law, Deepa ensures clients understand their rights under the Family Law Actand Succession Law Reform Act.
View Full BioCommon Law? Don't Assume You Are Protected.
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