Not on Title in Ontario? Claiming a Share of Your Partner's Home

You have lived with your partner for years. You helped pay the mortgage, renovated the kitchen or covered the household bills, but only your partner's name is on the deed. Now the relationship is ending and you are wondering whether you have any claim to the home.

The answer is different from what married couples face. This article explains the starting rule for unmarried partners in Ontario, the exception for contributions, and what kind of evidence and planning tends to matter. Whether a claim exists in your case depends on the facts, so treat this as a map, not a verdict.

The starting rule: you keep what is yours

Ontario does not divide property between common-law couples when they separate. Each partner keeps the property they bought, and neither has a right to share in the other's increase in property value.

The same logic applies to furniture and household items: they belong to the person who bought them. The Family Law Act property division rules apply to a "spouse", and that term in Part I means people who are married to each other, or who entered a voidable or void marriage. Unmarried partners are not included.

The matrimonial home rules work the same way. Those protections are tied to the married-spouse meaning, so they do not cover unmarried partners. If the house is in your partner's name alone, you do not get an automatic share simply because you lived there.

The exception: contributions to the other partner's property

There is an important exception. A common-law partner who contributed to property the other partner owns may have a right to part of it. Unless the owner agrees to pay the contribution back, the partner may have to go to court.

Lawyers often describe these claims using terms such as constructive trust or unjust enrichment. How a court would treat your contributions, and what remedy might follow, turns on the specific facts of your relationship, so it is worth getting legal advice before you assume a claim is strong or weak.

Contributions can take different forms. Examples people commonly raise include:

• Money toward the purchase price, a down payment or mortgage payments.
• Paying for renovations or major repairs.
• Work done on the property yourself.
• Paying household costs that let your partner carry the mortgage.

Whether any of these count, and how much, is a question for a lawyer or a court to assess.

Why being on title still matters

If you are on title, the way you hold it matters. Joint tenancy is co-ownership with a right of survivorship, while under a tenancy in common each owner holds an undivided interest that does not end on their death. If you are not on title, you have no ownership in the register to rely on, which is why a contribution claim has to be built on evidence.

One more point if you are a joint owner. In the land titles system, a charge registered by fewer than all the joint tenants does not automatically sever the joint tenancy, and whether the owners intended to sever is a factual question for the courts. A lawyer can tell you what applies to your property.

Support is separate from property

Not having a property claim does not mean you have no other claims. For support under Part III of the Family Law Act, "spouse" is widened to include two unmarried persons who have cohabited continuously for not less than three years. It also includes unmarried partners who cohabited in a relationship of some permanence and are the parents of a child.

Every parent must support their child to the extent they are able, whether or not the parents were ever married. Support for you and for your children is a different question from who owns the house, and each is dealt with on its own rules.

What to do next

If the relationship is ending, or you are moving in together and want to avoid this problem, these steps help.

• Gather proof of what you paid: bank statements, receipts, transfer records and mortgage or renovation invoices.
• Note who paid what and when, and keep messages that show what you both agreed.
• Do not move out or sign anything about the home until you have advice.
• If you are still together, consider a cohabitation agreement. Unmarried partners who are cohabiting, or intend to, may make one about property and support.
• Make sure any agreement is in writing, signed by both partners and witnessed, or it is unenforceable. Ontario's guidance advises each partner to speak to a different lawyer and to exchange financial information before signing.

If you later marry each other, a cohabitation agreement is deemed to be a marriage contract. A lawyer can review your evidence and explain realistic options, including negotiation before court.

Frequently asked questions