Do common-law partners have the same matrimonial home rights as married couples in Ontario?

No. The matrimonial home provisions of Ontario's Family Law Act apply only to married spouses. Common-law partners — regardless of how long they have lived together — do not have the same statutory rights to possession of a shared home or the same restrictions on sale and mortgage.

For common-law couples, property rights on separation are determined by principles of trust law and unjust enrichment rather than the equalization and matrimonial home regime. The non-owning partner may have a claim to a share of the home's value, but it requires proving a legal or constructive trust interest, which is a more complex and uncertain process.

Common-law couples who want to protect their interests in a shared home are often advised to hold title jointly, enter into a cohabitation agreement, or take other contractual steps before a dispute arises. If you are in a common-law relationship and share a home, speaking with a lawyer about how to document your rights is worthwhile.