We bought a house together but only my partner's name is on title — what are my rights?
If your name is not on the property title, you do not have automatic ownership rights simply because you are a common-law partner in Ontario. Unlike married spouses, common-law partners have no statutory right to equalization or possession of the family home.
However, you may have a legal remedy through trust law. If you contributed financially to the purchase, mortgage payments, or improvements — or if you contributed significantly in other ways while your partner's wealth was freed up — you may be able to claim a constructive trust or unjust enrichment. Courts look at the nature and value of your contributions and whether it would be unfair for your partner to keep the full benefit.
These claims can be complex, fact-specific, and require evidence. Courts have found in favour of partners whose names were off title in appropriate circumstances, but outcomes are never guaranteed. The best preventive step is to have your name put on title from the start, or to negotiate a cohabitation agreement that clearly records each partner's interest in shared property. If the relationship has already ended, consult a family lawyer as soon as possible to preserve your claim.
Key takeaways
- No name on title means no automatic ownership right for common-law partners.
- Unjust enrichment or constructive trust claims may be available if you contributed.
- Evidence of your contributions is essential to any trust claim.
- Prevention: get on title, or use a cohabitation agreement to record your interest.