Can a Common-Law Partner Claim Part of a Business or Savings Account in Ontario?

Possibly, but not through automatic sharing. Common-law couples are not legally required to split property acquired while they lived together, and furniture, household items and other property belong to the person who bought them. A partner who contributed to property the other owns may have a right to part of it.

That is where claims based on contribution come in. Courts have developed remedies such as unjust enrichment and constructive trust through case law rather than a statute, and whether your money or work earned a share, and how it is valued, depends on the evidence. Keep records of money you put in, unpaid work, and who held title. If the owner will not agree to repay, you may have to go to court.

Time limits matter. Many civil claims, such as a property-contribution claim between former partners, fall under a basic two-year limitation period that runs from the day the claim was discovered, although which period applies depends on the facts. Support is different: there is no limitation period for a proceeding to obtain support under the Family Law Act. A cohabitation agreement can set ownership or division of property, so couples can plan ahead. Speak to a lawyer early about which deadline applies.