Common Law Partner Rights Lawyer in Whitby, Ontario
Know Your Common Law Rights in Ontario
In Ontario, common law relationships are increasingly common — but the legal protections available to common law partners are significantly different from those afforded to married couples. If you are in a common law relationship, or if your common law relationship has ended, understanding your rights is essential to protecting yourself and your family.
At Barnett Law, we help common law partners in Whitby and across the Greater Toronto Area understand their legal position, resolve disputes, and plan ahead. Whether you need a cohabitation agreement, are dealing with a separation, or have questions about support and property, our experienced family law team is here to guide you.
Contact Barnett Law today to learn about your rights as a common law partner in Ontario.
Common Law Legal Services
Protecting common law partners’ rights in property, support, and separation.
1
Understanding Your Rights
Common law rights differ from married couples’ rights in Ontario — we explain exactly what protections you have.
2
Property & Financial Claims
Common law partners don’t have automatic property rights, but trust claims and unjust enrichment may apply.
3
Cohabitation Agreements
Protect yourself with a cohabitation agreement that clearly defines property and support rights.
Cohabitation Agreements
A cohabitation agreement is a legal contract between common law partners that sets out how property, support, and other financial matters will be handled during the relationship and in the event of separation. It is recognized as a “domestic contract” under section 53 of the Family Law Act.
A well-drafted cohabitation agreement can address:
- Property ownership and division — who owns what, and how property acquired during the relationship will be divided
- Spousal support — whether support will be payable, and if so, how it will be calculated
- Debts and liabilities — responsibility for debts incurred during the relationship
- Household expenses — how living costs will be shared
- Specific assets — treatment of the family home, vehicles, investments, and other significant assets
Why cohabitation agreements are essential for common law partners: Because common law partners lack the automatic property protections available to married couples, a cohabitation agreement is the primary way to create certainty and fairness. Without one, property disputes must be resolved through costly and uncertain litigation.
For a cohabitation agreement to be enforceable in Ontario, it must be:
- In writing
- Signed by both parties
- Witnessed
- Based on full and honest financial disclosure from both partners
- Entered into voluntarily, without duress or undue influence
Both partners should obtain independent legal advice (ILA) before signing. While not strictly required by the FLA, ILA significantly strengthens the agreement’s enforceability if challenged later.
Ending a Common Law Relationship
1. Spousal support. If you meet the qualifying criter
Spousal support. If you meet the qualifying criteria under the FLA, support claims must be resolved — either by agreement or through court proceedings.
2. Child custody and access. If you have children tog
Child custody and access. If you have children together, parenting arrangements must be established. The Children’s Law Reform Act and the Divorce Act (if applicable) govern custody and access, and the child’s best interests are the paramount consideration.
3. Child support. Both parents have an obligation to
Child support. Both parents have an obligation to support their children, regardless of marital status. The Federal Child Support Guidelines set out the amount payable based on income and the number of children.
4. Property claims. If you contributed to your partne
Property claims. If you contributed to your partner’s property, you may need to pursue claims for unjust enrichment or constructive trust (as discussed above).
5. Joint debts and obligations. Any shared financial
Joint debts and obligations. Any shared financial commitments — joint leases, mortgages, lines of credit — must be addressed to protect both parties’ credit and financial wellbeing.
Frequently Asked Questions
After how many years are you considered common law in Ontario?
It depends on the context. For spousal support under the Family Law Act, you are considered common law after 3 years of continuous cohabitation (or less if you have a child together). For income tax purposes, the threshold is 12 months. For property division, there is no automatic common law status — common law partners do not have equalization rights.
Do common law partners have the right to the house?
Not automatically. Unlike married spouses, common law partners have no automatic right to share in the value of the family home. If the home is in your partner’s name, you would need to establish a claim through unjust enrichment or trust doctrines to receive a share.
Can a common law partner claim spousal support?
Yes, if you have lived together continuously for at least 3 years or have a child together. The amount and duration of support will depend on the specific circumstances of your relationship, guided by the Spousal Support Advisory Guidelines.
Is a cohabitation agreement legally binding?
Yes, if it meets the requirements under the Family Law Act: it must be written, signed by both parties, witnessed, and based on full financial disclosure. Independent legal advice for each partner strengthens its enforceability.
What is the difference between common law and married for property?
Married spouses have the right to equalization of net family property under the FLA. Common law partners do not. When a common law relationship ends, each partner generally keeps what is in their name. To claim a share of your partner’s property, you must prove unjust enrichment or a trust claim.
Do I need a lawyer for a common law separation?
While it is not legally required, having a lawyer is strongly recommended. Common law property claims are complex, fact-specific, and require strong evidence. A lawyer can also help negotiate support, custody, and property matters efficiently and protect your interests.
Related Services
Separation Agreements
Property Division
Prenuptial Agreements
Contact Barnett Law Today
If you require more information about our real estate services, please don’t hesitate to message or call us during business hours. Our team will be delighted to support you by answering your queries or setting up an appointment with our real estate lawyer Whitby.
As a top law firm in Canada, you can rely on us to handle your case with confidentiality and professionalism. Get in touch with us today to start your journey towards a successful real estate dispute claim. 1+ (647) 936-2529
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