Common-Law Partner Rights to Property Owned Before Moving In, Ontario

Perhaps you owned a house, a car or savings before your partner moved in. Or perhaps you are the partner who moved in and put money and work into someone else's property. Either way, you want to know who can claim what.

Ontario treats unmarried partners differently from married spouses. This article explains the general starting point, the exception for contributions, and the tools couples use to avoid disputes.

The starting point for unmarried partners

Equalization of net family property applies to married spouses. Common-law couples are not legally required to split property acquired while they lived together, and they cannot share in the increase in value of property the other brought into the relationship.

For unmarried partners, furniture, household items and other property belong to the person who bought them. How this applies to a house, car or savings you owned before the relationship depends on your situation, so it is worth confirming with a lawyer.

When a contribution can create a claim

There is an exception. A partner who contributed to property the other owns may have a right to part of it. If the owner will not agree to repay, the partner may have to go to court.

In plain words, the argument is that one person benefited from the other's contribution in a way that is unfair. Whether a claim succeeds, and what it is worth, depends on the facts, so it is not something to assume either way.

• Records of any money you put toward the property.
• Records of any work you did on the property, and when you did it.
• Messages or documents showing what you and your partner understood about those contributions.
• Anything else showing how you helped with the property, which is worth raising with a lawyer.

Keep in mind that the list above is about what to gather. Whether a particular contribution gives rise to a claim depends on the facts and is worth confirming with a lawyer.

Time limits and proof

The Limitations Act, 2002 sets a basic two-year limitation period for most other civil claims, which runs from the day the claim was discovered. Which period applies to a particular claim can depend on the facts, so confirm it early.

Proof matters. Bank records, receipts, transfers, invoices and messages about who paid for what can show what each of you put in.

Support and other rights are separate

Even if you have no share in your partner's property, you may have other rights. Spousal support is available to unmarried partners who have cohabited continuously for at least three years, or who are in a relationship of some permanence and are the parents of a child. Support is not automatic; you need a basis for it, such as caregiving or career sacrifices, need and ability to pay, or an agreement.

There is no limitation period for a proceeding to obtain support under the Family Law Act. Child support does not depend on marriage.

On death, a qualifying common-law spouse can apply for dependant's support from the estate, and the application must be made within six months of the grant of letters probate or letters of administration. However, a common-law partner does not inherit automatically under the intestacy rules.

Protecting yourself and what to do next

Two unmarried people who are cohabiting or intend to cohabit may make a cohabitation agreement covering ownership or division of property, support and other matters. The wording means it can be signed after you have already moved in. It cannot fix decision-making responsibility or parenting time for children.

It must be in writing, signed by the parties and witnessed to be enforceable. Ontario's guidance advises speaking to different lawyers and exchanging financial information before signing. A court may set a contract aside if significant assets or debts were not disclosed or a party did not understand it.

If you and your partner marry each other, a cohabitation agreement between you is deemed to be a marriage contract.

• Write down what each of you owned before the relationship, with proof of dates and values.
• Collect records of any money or work put into the property.
• Note when the relationship ended and when you first realized you had a claim.
• Consider a cohabitation agreement if you are still together.
• Speak with a family lawyer about your specific situation.

Frequently asked questions