In Ontario, common law relationships are increasingly prevalent as more couples live together without marrying legally. But what is “common law” exactly? How does it impact your rights and responsibilities?
This article breaks down all you need to know about common law in Ontario, in simple terms.
What Is a Common Law Relationship?
In Ontario, common law is when two individuals cohabitate in an intimate relationship without being lawfully wedded, but they share many characteristics of a married couple.
Under Ontario law, you’re common law if:
- You’ve cohabited for three consecutive years.
- Therefore, living together briefly or for one year isn’t necessarily considered common law under the law.
Rights in a Common Law Relationship
Here’s how common law relationships differ when it comes to legal issues:
Property Division
When a married couple separates, the Family Law Act provides rules about dividing property. But for common law couples:
- There is no automatic right to share property.
- Each person generally keeps what they own.
- Jointly owned property (like a house bought together) is usually split based on ownership shares or agreements.
- If you believe you deserve a share of your partner’s property, you may need to file a trust claim in court, which is more complex and more challenging to win.
Spousal Support
You may still be entitled to spousal support after a breakup if:
- You’ve lived together for three years or more, or
- You’ve had a child together and were in a relationship of some permanence.
- Support depends on many factors, such as:
- The length of the relationship
- Financial needs and roles during the relationship
- Contributions to the household or children
Spousal support isn’t automatic—you’ll need to apply through the court or negotiate through lawyers or mediators.
Parental Rights and Child Support
When it comes to children, common law and married parents have the same legal responsibilities:
Child support is mandatory, based on the Child Support Guidelines.
Do You Need a Legal Agreement?
Yes, if you’re in a common-law relationship, a cohabitation agreement is a brilliant idea.
This legal document outlines:
- Property ownership and division
- Support obligations
- How will you handle finances or debts?
- What happens if the relationship ends
Having this agreement helps avoid conflict and uncertainty if the relationship breaks down later.
How Do You Prove a Common Law Relationship?
To claim rights (like spousal support), you must prove the relationship existed. You can use:
- Lease or mortgage documents
- Joint bank accounts or utility bills
- Insurance records listing each other as beneficiaries
- Pictures or social media updates depicting your life together
- The more proof you have, the better for you.
What If You Break Up?
When you and your common-law spouse break up:
- You do not need a divorce, but you can still be shown in a family court for support or custody.
- You can share shared assets or look for unfair enrichment if a partner earns unfairly.
- You can also take the help of a family lawyer to know your rights and alternatives.
Last Thoughts
The general law in Ontario provides some security measures, but fewer than those related to same-sex marriage. If you live with your partner or are about to, it is appropriate:
- Know your legal status.
- Maintain registrations of shared expenses or assets.
- You can get a chord with a coitus.
- You should have already consulted a lawyer.
Being aware of your rights in Ontario common law can help you create a stable future, whether you are together or different.
