What Is a Common-Law Spouse Entitled to When the Relationship Ends in Ontario?

A common-law spouse in Ontario can claim support, but does not get the property and home rights that married spouses have. For support, the Family Law Act treats you as a spouse after three years of continuous cohabitation, or sooner if you are in a relationship of some permanence and are parents of a child. Support is not automatic, though, and you must show a basis for it.

Property works differently. Common-law couples are not legally required to split property acquired while they lived together, and furniture and household items belong to the person who bought them. A partner who contributed to property the other owns may have a right to part of it, and may have to go to court if the owner will not agree. Equalization of net family property applies to married spouses.

Common-law partners have no statutory right to share or stay in a home owned by the other partner. Child support does not depend on marriage, because every parent must support their child to the extent they are able. Your exact position depends on your facts.