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Living Together in Ontario Is Not Marriage: Property Rights
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Living Together in Ontario Is Not Marriage: Property Rights
In Ontario, living together is not the same as marriage for property purposes. Lived together for years? You may not have the same property rights as a married spouse. Under the Family Law Act, RSO 1990, c F.3, equalization of property applies only to married spouses. Common-law partners may still claim support, or a share of property through unjust enrichment.
Video: Common-law property rights in Ontario
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Who is a "spouse" for property?
Under the Family Law Act, “spouse” in s. 1(1) means two persons who are married to each other, or who entered in good faith into a marriage that is void or voidable.
Equalization of net family property (s. 5(1)) and the matrimonial home possession rights in Part II (s. 19(1)) therefore apply to married spouses, not to unmarried partners, however long they lived together.
Spousal support is different
For spousal support only, s. 29 extends “spouse” to two unmarried persons who cohabited continuously for at least three years, or in a relationship of some permanence if they are the parents of a child as set out in s. 4 of the Children’s Law Reform Act.
So a common-law partner may be able to ask for support even though they cannot ask for equalization.
Unjust enrichment
Unmarried partners may claim a share of wealth through unjust enrichment. In Kerr v. Baranow, 2011 SCC 10, the Supreme Court of Canada set out the three elements of unjust enrichment (para. 32), rejected the common intention resulting trust in domestic cases (para. 29), and held that where there is a joint family venture, a monetary award may be based on the share of accumulated wealth proportionate to the claimant’s contributions (paras. 78, 89, 100).
The share is not automatically 50% (Iredale v. Dougall, 2025 ONCA 266, para. 38).
Limitation periods
Limitation periods can apply to these claims (Limitations Act, 2002, ss. 4-5; McConnell v. Huxtable, 2014 ONCA 86). These claims depend on the facts, so get advice early.
Cohabitation agreements
Under FLA s. 53(1), people who live together or plan to can make a cohabitation agreement about property, support and other matters; it must be in writing, signed and witnessed (s. 55(1)).
If you are moving in together or separating in Ontario, you can learn more about our family law services in Toronto.
Sources
Sources: Family Law Act, RSO 1990, c F.3, ss. 1(1), 5(1), 19(1), 29, 53(1), 55(1); Children’s Law Reform Act, RSO 1990, c C.12, s. 4; Kerr v. Baranow, 2011 SCC 10, paras. 29, 32, 78, 89, 100; Iredale v. Dougall, 2025 ONCA 266, para. 38; Limitations Act, 2002, SO 2002, c 24, Sch B, ss. 4, 5(1); McConnell v. Huxtable, 2014 ONCA 86.
Frequently asked questions
Do common-law partners in Ontario get equalization of property?
No. Equalization of net family property under s. 5(1) of the Family Law Act applies to married spouses, not to unmarried partners, however long they lived together.
Who is a spouse under the Family Law Act for property?
Under s. 1(1), two persons who are married to each other, or who entered in good faith into a marriage that is void or voidable.
Do matrimonial home rights apply to common-law partners?
The matrimonial home possession rights in Part II (s. 19(1)) apply to married spouses, not to unmarried partners.
Can a common-law partner claim spousal support in Ontario?
Possibly. For support only, s. 29 includes unmarried persons who cohabited continuously for at least three years, or in a relationship of some permanence if they are the parents of a child.
What happens to property when unmarried partners separate?
Generally, each person keeps what is in their own name unless there is an agreement or another legal claim, such as unjust enrichment.
What is unjust enrichment?
One person received a benefit from the other without a good legal reason. Kerr v. Baranow, 2011 SCC 10, para. 32, sets out its three elements.
What is a joint family venture?
Under Kerr v. Baranow, where partners worked together in a joint family venture, a monetary award may be based on the share of accumulated wealth proportionate to the claimant’s contributions.
Is the share automatically 50%?
No. The share is not automatically 50% (Iredale v. Dougall, 2025 ONCA 266, para. 38).
Are there time limits for these claims?
Yes, limitation periods can apply (Limitations Act, 2002, ss. 4-5; McConnell v. Huxtable, 2014 ONCA 86). Get advice early.
What is a cohabitation agreement?
Under FLA s. 53(1), people who live together or plan to can make an agreement about property, support and other matters.
What are the formal requirements for a cohabitation agreement?
It must be in writing, signed and witnessed (s. 55(1)).
Does this apply outside Ontario?
This article is about Ontario law only. Other provinces have different rules.
Book a consultation
Moving in together or separating in Ontario? You can book a confidential consultation with Pax Law Corporation. You can also view our family law services in Toronto.
- North Vancouver office: Book a consultation — 215-1433 Lonsdale Avenue, North Vancouver, BC — +1-604-767-9529
- Toronto office (Pax Law Professional Corporation): Book a consultation — 10th Floor, 4711 Yonge Street, Toronto, ON — +1-416-447-4862
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Disclaimer: This article is general information only and is not legal advice. Every situation is different. It reflects Ontario law as of the publication date, and the law changes. No outcome is guaranteed. Past results do not guarantee future outcomes. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own situation before acting.
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