How Do Common-Law Partners Divide Property in an Ontario Separation Agreement?

Unmarried partners do not use equalization to divide property in Ontario. The equalization regime does not apply to unmarried couples, and common-law couples are not legally required to split property acquired while living together. Household items and other property belong to the person who bought them.

That does not mean you have no claims. A partner who contributed to property the other partner owns may have a right to part of it, but unless the owner agrees to repay, they may have to go to court to get the contribution back. The separation agreement is where these claims are settled.

Spousal support is not automatic, but a person may be entitled if they lived together as a couple for at least three years, or were in a relationship of some permanence and had a child together. Common-law partners generally must apply for a CPP credit split within 48 months of starting to live apart. The agreement must be in writing, signed and witnessed to be enforceable. Each partner should have their own lawyer review it, because it cannot easily be changed later.