Family Law Lawyer in Vaughan, GTA

How to Protect Yourself as a Common Law Partner in Ontario Family Law

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

Common law relationships are increasingly common in Ontario, yet many people are unaware that common law partners do not have the same legal rights as married spouses. At Majoka Law, we regularly advise clients who are surprised to learn how limited their protections can be if a relationship ends. Understanding Ontario family law and taking proactive steps can help common law partners protect their financial and personal interests.

Understanding Common Law Status in Ontario

In Ontario, you are generally considered a common law partner if you have lived together in a conjugal relationship for at least three years, or for a shorter period if you share a child. While this status may feel similar to marriage, the law treats it very differently. Unlike married spouses, common law partners do not automatically share property or have equal rights to the family home upon separation.

Property Rights and the Family Home

One of the most significant differences in Ontario family law is property division. Married couples are entitled to an equalization of net family property, but common law partners are not. Property is typically owned by the person whose name is on the title. This means that even if you contributed financially or otherwise to a home, you may have no automatic legal claim to it after separation. Understanding this risk early is essential to protecting yourself.

Spousal Support Entitlements

Although property rights are limited, common law partners may still be entitled to spousal support. Ontario law recognizes that one partner may have become financially dependent on the other during the relationship. Courts consider factors such as length of cohabitation, roles within the relationship, and economic disadvantage. However, spousal support is not automatic and often requires negotiation or litigation.

The Importance of Cohabitation Agreements

One of the most effective ways to protect yourself as a common law partner is through a cohabitation agreement. This legal document allows partners to clearly define how property, debts, and support will be handled if the relationship ends. A properly drafted agreement can prevent disputes, reduce uncertainty, and provide peace of mind. Majoka Law works closely with clients to ensure these agreements are fair, enforceable, and tailored to their circumstances.

Children’s Rights Are the Same

It is important to note that when children are involved, common law and married parents are treated equally under Ontario law. Issues such as custody, parenting time, and child support are determined based on the best interests of the child, regardless of the parents’ marital status. Protecting your parental rights requires careful planning and, when necessary, legal guidance.

Seeking Legal Support

Protecting yourself as a common law partner in Ontario requires awareness, planning, and informed decision-making. Given the complexities and potential risks involved, seeking legal support is a critical step in safeguarding your rights and future. Majoka Law is committed to helping common law partners understand their options and navigate Ontario family law with clarity and confidence.