Do common-law partners have the same equalization rights as married spouses in Ontario?
No. Ontario's equalization scheme under the Family Law Act applies only to married spouses. Common-law partners — no matter how long they lived together — do not have an automatic right to equalize net family property when they separate.
That said, common-law partners are not left without any recourse. If one partner contributed financially or through labour to property owned by the other, they may have claims based on unjust enrichment or constructive trust. These are court-recognized legal doctrines that can result in a monetary payment or even a share in property, but they are harder to establish than the straightforward equalization formula married spouses use.
Cohabitation agreements can be used by common-law couples to create equalization-like arrangements by contract. If you are in a long-term common-law relationship and want property protection similar to what married spouses have, a cohabitation agreement is worth discussing with a family law lawyer.
Key takeaways
- Common-law partners have no automatic equalization rights in Ontario
- Claims like unjust enrichment or constructive trust may still be available
- These claims are more complex and harder to prove than formal equalization
- A cohabitation agreement can create contractual property protections