Do Common-Law Couples Have the Same Separation Rights in Ontario?

No, common-law couples do not have the same rights as married spouses on property, although some support rights are similar. Common-law couples have no legal duty to split property acquired while living together, and property generally belongs to the partner who bought it.

A partner who contributed to the other's property may have to go to court to recover that contribution, and partners can set their own property rights in a cohabitation agreement. Spousal support is different: you can claim it if you lived together as a couple for at least three years, or if you were in a relationship of some permanence and had a child together. Equal sharing of the value of property acquired during the marriage is a rule for married spouses.

The home also works differently. A married person can ask the court for exclusive possession of the family home, even if it is in the other spouse's name, and that option is described for married spouses. If you want your own terms, a cohabitation agreement must be signed by both parties in front of a witness, who must also sign. Get legal advice before you move out or sign anything, because the right claim depends on your facts.