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