What Are the Rights of Common-Law Partners in Ontario?

In Ontario, common-law partners do not have the same automatic legal rights as married spouses. Unlike married couples, common-law partners have no automatic right to divide property under the Family Law Act. However, they may have rights to property through claims like unjust enrichment or constructive trust if they contributed to an asset.

Common-law partners can claim spousal support if they have lived together for at least three years, or in a relationship of some permanence if they have a child together. They do not have automatic inheritance rights, so a valid will is essential. To protect both partners, a cohabitation agreement is strongly recommended.

It outlines property ownership, support obligations, and financial arrangements. Without one, disputes can become costly and complicated. Speaking with a lawyer early can help common-law couples understand their rights and put proper protections in place before issues arise.