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Family

Do common-law partners share property rights the way married couples do in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

No. This is one of the most significant differences between marriage and common-law relationships in Ontario. Married spouses have a statutory right to equalize their net family property under the Family Law Act — meaning the economic gains made during the marriage are generally shared. Common-law partners have no equivalent statutory right.

When a common-law relationship ends, each partner generally keeps the property registered in their own name. If you contributed to property held by your partner, you may be able to bring a claim based on trust principles — such as unjust enrichment or constructive trust — but these are judge-made doctrines that require evidence of your financial or non-financial contributions and are not guaranteed. Outcomes depend heavily on the specific facts.

The practical takeaway is that common-law partners who want property sharing protections should negotiate a cohabitation agreement that clearly spells out what happens to shared and separately held assets if the relationship ends.

Key takeaways

  • Common-law partners in Ontario do not have automatic equalization rights like married couples.
  • Each partner typically keeps what is in their own name.
  • Trust-based claims are possible but fact-specific and uncertain.
  • A cohabitation agreement is the clearest way to create property-sharing protections.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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