Can an Unmarried Partner Claim a Share of the Other's Business or Investments in Ontario?
Not automatically, but you may have a claim. Common-law couples are not legally required to split property acquired while they lived together, and equalization of net family property applies to married spouses. Property generally belongs to the person who bought it. A partner who contributed to property the other owns, however, may have a right to part of it, and if the owner will not agree to repay, the partner may have to go to court.
Claims like this are usually described as unjust enrichment, or a trust interest in the property. In plain terms, you argue that your money or work helped build or keep an asset, and that it would be unfair for the owner to keep all the benefit. Whether a business or investment account is covered depends on the facts, so evidence of what you contributed is central. That can include bank transfers, loan or investment records, tax records, messages, and proof of unpaid work for the business.
Time limits can apply, and most civil claims between former partners fall under the basic two-year limitation period, which runs from the day the claim was discovered. Because the amount and type of claim vary, speak with a lawyer early.
Key takeaways
- Common-law couples are not legally required to split property acquired while they lived together.
- A partner who contributed to property the other owns may have a right to part of it.
- If the owner will not agree to repay, the partner may have to go to court.
- Keep records of the money and work you put in, because evidence of contributions is central to these claims.