Family Law Lawyer in Vaughan

Understanding Common Law Marriage

This is general information and should not be interpreted as legal advice. Contact a family lawyer to understand your rights and obligations

In Ontario, many couples live together in committed, long-term relationships without tying the knot. These relationships are often referred to as common law relationships. But what does that mean from a legal standpoint? And how does it affect your rights when the relationship ends?

What Is a Common Law Relationship in Ontario?

A common law relationship is not the same as a legal marriage. You are considered to be in a common law relationship if:

• You and your partner have lived together in a conjugal relationship for at least three years, or

• You have lived together for less than three years but have a child together (by birth or adoption) and have a relationship of some permanence.

• These rules apply to both opposite-sex and same-sex couples.

Common Law vs. Marriage: Key Legal Differences

While common law relationships may feel just like marriage, the legal treatment is different in several important areas:

1. Property Division

One of the biggest differences is in property rights. Under Ontario’s Family Law Act, married spouses are entitled to an equalization of net family property if the marriage ends. Common law partners do not have this automatic right.

If you're in a common law relationship, you don’t automatically get half the house or other shared property, unless it's in both your names or you can prove a contribution.

However, you may be able to make a claim based on trust principles, such as:

• Resulting trust: You contributed to the purchase of the property.

• Constructive trust: You contributed in other ways (e.g., renovations, homemaking) that increased the property’s value.

2. Spousal Support

Unlike property division, spousal support may be available in common law relationships. If you've lived together for three years or more or have a child together , you may be entitled to or required to pay spousal support, just like in a marriage.

Support is not automatic. The courts will consider factors such as:

• Length of the relationship

• Financial need and ability to pay

• Contributions to the relationship (financial and otherwise)

• Whether there was economic disadvantage to one party

3. Pensions and Benefits

Access to pension survivor benefits or workplace benefit plans can differ between married and common law partners. Many plans require formal designation or specific eligibility criteria. It’s important to review your policies and consult with a lawyer to ensure your rights are protected.

4. Wills and Estate Planning

If your partner dies without a Will and you’re not legally married, you are not automatically entitled to inherit under Ontario’s intestacy laws. This can create serious financial hardship for surviving common law partners. To avoid this, proper estate planning is crucial.

Tips for Protecting Yourself in a Common Law Relationship

Whether you’re entering a new relationship or already living with your partner, here are some steps you can take to protect your legal rights:

• Cohabitation Agreement: This legal contract outlines how property, debts, and spousal support will be handled if the relationship ends. Think of it as a "prenup" for common law couples.

• Joint Ownership: If you’re purchasing a home together, ensure both names are on the title if that’s your intention.

• Keep Records: Document financial contributions to property, renovations, or shared expenses.

• Update Legal Documents: Include your partner in your will, insurance policies, and health benefit plans as needed.

Seeking Legal Support 

While common law relationships in Ontario share some legal similarities with marriage, they are not identical—especially when it comes to property rights. If you’re in or exiting a common law relationship, it’s important to know your rights and obligations.

At Majoka Law, we’re here to help you navigate the complexities of family law with clear advice and practical solutions. Whether you need a cohabitation agreement, help with separation, or estate planning guidance, our team is ready to assist.