Can I Be Kicked Out of the Home After a Common-Law Breakup in Ontario?
Possibly, yes. In Ontario, common-law partners have no statutory right to share or stay in a home owned by the other partner. The matrimonial home rules in Part II of the Family Law Act use the married-only meaning of spouse, so their possession rights do not cover unmarried partners.
For married spouses, both have an equal right to possession of the matrimonial home, and a court may give one spouse exclusive possession regardless of ownership. That tool is not available in the same way to unmarried couples. How a landlord or owner may act, and any tenancy rights you may have, depend on your situation and are worth confirming with a lawyer.
Safety is different. A court may make a restraining order if you have reasonable grounds to fear for your own or a child's safety, and it can be made against someone you are or were cohabiting with for any period of time. If you contributed to property the other owns, you may have a right to part of it.
Key takeaways
- Common-law partners have no statutory right to share or stay in a home owned by the other partner.
- The matrimonial home possession rights in Part II of the Family Law Act do not cover unmarried partners.
- A restraining order can be made against someone you are or were cohabiting with for any period of time if you have reasonable grounds to fear for your safety.
- A partner who contributed to property the other owns may have a right to part of it, and may have to go to court.