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Property Rights When You Are Not Married in Ontario

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

Understanding property rights is a crucial part of protecting yourself and your assets, especially if you are in a long-term relationship but not legally married. In Ontario family law, the rules governing property division for unmarried couples are very different from those that apply to married spouses. Knowing these differences can help you avoid unexpected outcomes if a relationship ends.

Married vs. Unmarried Couples Under Ontario Law

In Ontario, married spouses are covered by the Family Law Act provisions on equalization of net family property. This means that when a marriage ends, the increase in each spouse’s net worth during the marriage is calculated and generally shared equally. Unmarried couples, including those in common-law relationships, do not have access to this equalization regime. Simply living together, even for many years, does not automatically create a right to share in your partner’s property.

Ownership Is the Starting Point

For unmarried couples, property rights are largely determined by legal ownership. If one partner owns a home, bank account, or investment in their own name, that property typically remains theirs after separation. Jointly owned property, such as a home registered in both partners’ names, is usually divided according to each person’s legal interest, which is often but not always a 50/50 split. The key point is that title matters significantly when you are not married.

The Matrimonial Home Does Not Apply

Another major distinction is the concept of the matrimonial home. Married spouses have special rights to possession of the matrimonial home, regardless of whose name is on title. These rights do not apply to unmarried couples. If you are not married and your partner owns the home, you may not have an automatic right to stay there after separation, even if it was your primary residence.

Equitable Claims and Unjust Enrichment

Although unmarried partners do not have automatic property-sharing rights, Ontario courts may recognize claims based on fairness principles, such as unjust enrichment or resulting trust. These claims arise when one partner has contributed money, labor, or other value to property owned by the other partner, and it would be unfair for the owner to retain the full benefit. These cases are fact-specific and can be complex, often requiring detailed evidence of contributions and expectations.

The Importance of Cohabitation Agreements

One of the most effective ways for unmarried couples to manage property rights is through a cohabitation agreement. This type of agreement can clearly set out how property, debts, and even support will be handled if the relationship ends. A well-drafted agreement can reduce uncertainty, prevent disputes, and provide peace of mind for both partners.

Seeking Legal Support

Property rights for unmarried couples in Ontario can be complicated and are highly dependent on individual circumstances. Whether you are entering a relationship, currently living with a partner, or facing a separation, getting informed legal guidance is essential to protecting your interests and understanding your options.

Majoka Law can help you navigate Ontario family law, assess your property rights, and provide clear, practical advice tailored to your situation.