Children
Identical.
Custody, Access, and Child Support laws are exactly the same. The marital status of parents does not affect the child’s rights.
Marriage vs. Common Law in Ontario: Understanding Your Legal Status.
Is a piece of paper really that important? When it comes to your house and your assets, the answer is "Yes." Discover the critical legal differences before you separate.
Legal Review: This comparison guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure accuracy regarding property rights under the Family Law Act.
The Quick Answer: What is the Main Difference?
The main difference between Marriage and Common Law in Ontario is Property Rights. Married couples are legally entitled to an Equalization of Net Family Property (splitting wealth growth 50/50) and have equal possession rights to the Matrimonial Home. Common law couples have NO automatic property rights. You leave the relationship with whatever is in your own name, unless you sue for "Unjust Enrichment." However, rights regarding Children (Custody/Support) are identical for both.
Comparison: What Changes When You Marry?
A side‑by‑side look at the three areas that matter most when a relationship ends.
The House
Different.
Married spouses cannot be kicked out of the family home. Common law partners have no right to stay if they are not on the title.
Inheritance
Different.
Married spouses inherit automatically if there is no Will. Common law partners get $0 if there is no Will.
The "Matrimonial Home" Protection
This is the single biggest legal difference between married and common law couples in Ontario.
Married: Protected
A Matrimonial Home is a special legal asset under the Family Law Act. It receives unique treatment that no other asset gets:
- Even if one spouse bought the home before marriage, the full value is shared upon separation — the normal "deduction for pre-marriage assets" does not apply to the matrimonial home.
- Neither spouse can sell, mortgage, or encumber the home without the other's written consent.
- Both spouses have an equal right to possession, regardless of whose name is on the title.
Common Law: At Risk
In a common law relationship, the house is just "property." There is no special legal status for the family home:
- If your name isn't on the deed, you don't own it — and you don't get half the value upon separation.
- The owner can sell or mortgage the property without your consent or knowledge.
- You have no right to stay in the home. The owner can ask you to leave.
- Your only remedy is to sue for Unjust Enrichment or Constructive Trust — which is expensive and uncertain.
Common Myths About Living Together
These misconceptions cost people thousands of dollars every year. Don't be one of them.
Myth: "We are common law after 6 months."
FACT
It takes 3 years of continuous cohabitation for family law purposes, or having a child together. The 6-month or 1-year thresholds apply only to certain tax and benefit programs — not property or support rights.
Myth: "I automatically get half if we split."
FACT
False. There is no Equalization in common law. You leave with what is in your name. The only way to claim a share of your partner’s assets is through a costly court action for Unjust Enrichment or Constructive Trust.
Myth: "I can use his/her last name legally."
FACT
You can use it socially, but you cannot legally change your government documents (passport, driver’s licence) without a formal name change application through Service Ontario.
Myth: "Common law turns into marriage after 7 years."
FACT
Never. You can live together for 50 years and you will never be legally married without a marriage licence and ceremony. This is one of the most dangerous myths in Ontario family law.
Relevant Laws & Statutes
Verify the information in this guide against these official government and legal sources.
Family Law Act (Part I vs Part III)
The statute governing property division for married spouses (Part I) and support obligations for both married and common law partners (Part III).
Succession Law Reform Act (Inheritance)
Ontario’s inheritance law that determines who inherits when there is no Will — and why common law partners are excluded.
Ministry of the Attorney General (Property Division)
The Ontario government’s official guide to dividing property when a marriage or common law relationship ends.
Status FAQs
Answers to the most common questions about marriage and common law status in Ontario.
More on Relationship Laws
Continue your research with these related guides from our legal knowledge base.
What is Common Law?
The specific definitions and legal thresholds for common law status in Ontario.
Read GuideCohabitation Agreements
How to protect your assets with a domestic contract before or during cohabitation.
Read GuideDivision of Property
Details on Equalization of Net Family Property and how assets are divided upon separation.
Read Guide
Deepa Tailor
Senior Family Lawyer
Deepa Tailor helps couples understand their legal status, ensuring that common law partners put the necessary agreements in place to protect their financial future.
View Full BioDon't Assume You Are Protected. Know Your Rights.
Whether you are married or common law, understanding your legal status is the first step to protecting your family and your assets.