- Unmarried partners in Ontario have no equalization and no statutory matrimonial-home right, so property generally belongs to whoever bought it.
- A partner who contributed to property the other owns may have a right to part of it, but may need to go to court to recover that contribution.
- Married spouses use equalization instead, and the extended definition of spouse for support does not give common-law partners equalization.
You may have paid toward a mortgage, renovated a house, or covered household costs so your partner could pay down a home that is in their name alone. When the relationship ends, you may wonder whether you have any claim to that home.
For unmarried partners the answer does not come from the equalization rules. It comes from a different kind of claim, often called unjust enrichment or constructive trust. This article explains the basic idea and where it differs from the rules for married spouses.
Why unmarried partners need a different kind of claim
Common-law couples are not legally required to split property acquired while living together. Property belongs to whoever bought it, and there is no equalization or statutory matrimonial-home right for unmarried partners.
The wider definition of spouse found in the Family Law Act, which can include unmarried people who lived together for a period or who are parents of a child, applies to support. It does not give common-law partners equalization.
What unjust enrichment and constructive trust mean
In plain words, unjust enrichment is the idea that one person should not keep a benefit that came from the other person's contribution without a fair reason. A constructive trust is one way a court can recognize that the contributor has a real interest in property that sits in the other person's name.
A partner who contributed to property the other owns may have a right to part of it. Unless the other partner agrees to repay the contribution, the partner may need to go to court to recover it.
These claims come from court decisions rather than a simple formula in the Family Law Act. Whether a claim succeeds, and whether the remedy is a share of the property or a money amount, depends on the facts and is worth confirming with a lawyer.
How this differs from the rules for married spouses
| Question | Married spouses | Unmarried partners |
|---|---|---|
| Equalization of net family property | Yes, a payment of one-half the difference | No equalization |
| Matrimonial-home rights | Statutory rights apply | No statutory matrimonial-home right |
| Ownership of each asset | Equalization is a money payment, not a split of each asset | Whoever bought it |
For married spouses, equalization is a payment of money, not a split of each asset. A matrimonial home is also treated differently when net family property is calculated: its full value is included even if one spouse owned it before the marriage.
Agreements can change the picture
Couples can set their own terms. A separation agreement can deal with ownership in or division of property. A cohabitation agreement is deemed to be a marriage contract if the parties later marry each other.
A domestic contract is unenforceable unless it is made in writing, signed by the parties and witnessed. If you and your partner have any written agreement about the home, keep it and have a lawyer review it.
What to do next
- Gather records of what you paid: mortgage payments, renovation costs, down payment transfers and household bills.
- Find out whose name is on title and whether any written agreement exists.
- Ask your partner, in writing if you can, whether they will repay your contribution, since a court application may not be needed if they agree.
- Speak with a family lawyer early, because the strength of a claim depends on the facts and on the time limits that may apply.
Frequently asked questions
Do common-law partners in Ontario get equalization?
No. Common-law couples are not legally required to split property acquired while living together, and there is no equalization for unmarried partners. The wider definition of spouse for support does not change that.
Can I get my money back if I paid toward my partner's house?
A partner who contributed to property the other owns may have a right to part of it. They may need to go to court unless the other partner agrees to repay the contribution. The outcome depends on the facts.
Do I have a right to stay in the home if it is in my partner's name?
The statutory matrimonial-home rights do not apply to unmarried partners. Your position depends on your own circumstances and any agreement, so get legal advice promptly.
Does a cohabitation agreement matter if we marry later?
Yes. A cohabitation agreement is deemed to be a marriage contract if the parties marry each other. Like other domestic contracts, it must be in writing, signed and witnessed to be enforceable.
Sources
- Family Law Act, R.S.O. 1990, c. F.3, s. 5(1) (e-Laws) — Ontario e-Laws
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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