Does Common-Law Status Affect Your Ontario Rent-Geared-to-Income Housing?
It can. Whether a live-in partner counts as your spouse for rent-geared-to-income housing usually depends on the program's own rules, and the safest approach is to ask the provider in writing before you assume anything.
There is no single definition of common-law partner across Ontario law. For support under the Family Law Act, two unmarried people can be spouses after cohabiting continuously for at least three years, or if they are in a relationship of some permanence and are parents of a child. For federal income tax, a common-law partner is someone who cohabits with you in a conjugal relationship and has done so throughout the 12-month period, or is a parent of your child. For immigration, the minimum is one year of cohabitation. A housing program may use its own wording.
Because the results can differ, do not rely on a definition from another area of law. Read the definition on your housing application or notice, report changes the way the provider requires, and keep records of who lives in the home. If a provider says you owe money or may lose your unit, speak to a lawyer promptly.
Key takeaways
- There is no single definition of common-law partner across Ontario law.
- For Family Law Act support, unmarried spouses generally need three years of continuous cohabitation, or some permanence and a child together.
- Income tax uses a 12-month cohabitation test or being a parent of your child, and immigration uses at least one year.
- Ask your housing provider for its definition in writing and report household changes the way it requires.