- One of the most consequential misconceptions in Ontario estate law is that long-term common-law partners inherit the way married spouses do.
- To bring a dependant's support claim as a "spouse," a common-law partner needs to meet a specific definition: continuous cohabitation with the deceased for not less than three years, or…
Losing a long-term partner is hard enough without discovering that Ontario law treats you very differently from a married spouse. If you were left out of a will — or your partner died without one — a common-law spouse's dependant support claim may be one of the only routes available to you, and it works quite differently from how a married spouse would be treated.
Why Being Common-Law Doesn't Give Automatic Inheritance Rights
One of the most consequential misconceptions in Ontario estate law is that long-term common-law partners inherit the way married spouses do. They don't. Only a legally married spouse has automatic inheritance rights when someone dies without a will. A common-law partner — regardless of how many years the relationship lasted — has no automatic entitlement under Ontario's intestacy rules. The main route available instead is a dependant's support claim.
The Test That Decides Whether You Qualify
To bring a dependant's support claim as a "spouse," a common-law partner needs to meet a specific definition: continuous cohabitation with the deceased for not less than three years, or a relationship of some permanence in which the two of you are the parents of a child together. Meeting this test is what opens the door to the claim — it doesn't, by itself, decide how much (if anything) you'd be awarded.
Married Spouse vs. Common-Law Partner: What's Different
| Right | Married Spouse | Common-Law Partner |
|---|---|---|
| Automatic inheritance if there's no will | Yes | No |
| Preferential share off the top of an intestate estate | Yes (a set amount, currently $350,000 as of mid-2026 — verify the current figure before relying on it) | No |
| Family Law Act equalization election | Yes | No |
| Eligible to bring a dependant's support claim | Yes, automatically as "spouse" | Only if the three-year cohabitation or shared-child test is met |
How to Bring a Claim
- Confirm you meet the common-law "spouse" test above, or that another dependant category applies to you
- Gather evidence of the relationship's duration, cohabitation, and financial interdependence
- Document the support your partner was providing, or was obligated to provide, immediately before death
- Bring the claim within the applicable deadline — as of mid-2026, generally six months from when the estate certificate is granted (verify the current deadline before relying on it)
- Be prepared for the estate trustee and other beneficiaries to receive notice and potentially respond
What You'll Need to Show
- How long you lived together, and whether it was continuous
- Whether you have a child together, if the three-year cohabitation threshold isn't clearly met
- Financial interdependence — shared accounts, shared expenses, or one partner supporting the other
- The specific support your partner was providing (or legally owed you) right before death
Other Claims Worth Exploring Alongside Dependant Support
A dependant's support claim is often the main route for a common-law partner, but it isn't necessarily the only one. If you contributed money, labour, or care toward property that ended up titled solely in your partner's name, a separate claim in unjust enrichment may be available regardless of whether you qualify as a "spouse" for dependant's support purposes. These claims run on their own legal tests and timelines, so it's worth raising your full financial picture with a lawyer rather than assuming dependant's support is your only option.
Why This Gap in the Law Surprises So Many People
Many long-term common-law couples structure their lives exactly like a married couple — shared finances, a shared home, sometimes children together — without realizing that Ontario's intestacy and estate rules still draw a sharp line based on marital status. This is one of the clearest reasons estate planning matters more, not less, for common-law couples: without a will naming each other, or without properly structured joint ownership and named beneficiaries, a surviving partner can be left to rely entirely on a dependant's support claim to establish any right to the estate at all.
Frequently asked questions
What if we lived together for under three years but have a child together?
You may still meet the definition through the "relationship of some permanence" alternative where the two of you are parents of a child together, rather than needing to satisfy the three-year cohabitation route.
Can I still bring a claim if there's no will at all?
Yes. Dependant's support claims are available whether the deceased died with a will that provided inadequately for you, or without a will at all. In either case, the underlying question is whether you were left with adequate provision given the support relationship that existed.
What if most of the estate's value was held jointly with someone else, like a family member?
Jointly held assets with a right of survivorship generally pass outside the estate to the surviving joint owner, which can shrink what remains available to satisfy a dependant's support claim. This is worth flagging early, since it affects both strategy and what's realistically recoverable.
Is there a deadline to bring this kind of claim?
Yes — generally six months from when the estate certificate is granted, with limited court discretion to allow a late claim against any part of the estate not yet distributed. Given how firmly this deadline is applied, get advice as soon as possible after a partner's death.
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