FAQ Common Law Relationships
Frequently Asked Questions (FAQ) – Common Law Relationships
After 3 years, do I have a right to half the house?
No. This is the most common misconception in Ontario. Unlike married couples, common-law partners have no automatic right to divide property or share in the increased value of a home that is only in one person’s name. In Ontario, “title is king.” If your name isn’t on the deed, you don’t own it—regardless of how long you lived there.
Can my partner kick me out of the house if we break up?
Technically, yes. In a marriage, both spouses have an “equal right of possession” to the matrimonial home. In a common-law relationship, if you are not on the title or the lease, you do not have an automatic legal right to stay. You could be asked to leave with “reasonable notice,” which in the GTA is often interpreted as 30 days.
I paid for the renovations and the mortgage, but I'm not on title. Am I out of luck?
Not necessarily, but you will have to work for it. You can make a claim for Unjust Enrichment or a Joint Family Venture. You must prove that your contributions (money or labor) enriched your partner, that you suffered a financial loss because of it, and that there is no legal reason for them to keep the full profit. In the 2026 real estate market, these claims are high-stakes and require significant evidence like bank records and receipts.
Do we need a "legal separation" or a divorce?
No. Common-law couples do not “divorce.” The relationship legally ends the moment you start living separate and apart. However, while you don’t need a court order to end the relationship, you do need a Separation Agreement to settle issues like support, debt, and parenting.
When am I considered "Common Law" for spousal support?
In Ontario, for the purpose of claiming spousal support, you are considered a spouse if:
- You have lived together continuously for 3 years, OR;
- You have a child together and have lived in a relationship of “some permanence” (usually 1 year).
Does the "1-year rule" for taxes mean we share property?
No. The Canada Revenue Agency (CRA) considers you common law after 12 months for tax benefits and credits. This has nothing to do with Ontario’s provincial property laws. Many couples are “common law” for the taxman but “legal strangers” for their house.
What happens if my partner dies without a will?
In Ontario, common-law partners do not inherit automatically if their partner dies without a will (intestate). Unlike married spouses, you do not have a right to a “preferential share” of the estate. To protect your partner, you must specifically name them in your will or as a beneficiary on your life insurance and RSP/TFSA accounts
To learn more about your rights call our office at 647-352-2245 or
Phone Number
647-352-2245
Email Address
info@vakililaw.com
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