Unjust Enrichment Claim for Home Renovations, Common-Law Ontario

You may have spent savings on a new kitchen, built an addition with your own hands, or paid the mortgage on a house that sits only in your partner's name. Now the relationship is over, and the title says the home is theirs. It is natural to wonder whether all that money and work simply disappears.

This article explains, in general terms, how Ontario treats a common-law partner's contribution to a home owned by the other partner. The answer depends heavily on the facts, so treat this as a map of the issues rather than a prediction of what a court would do in your case.

Why common-law partners are treated differently from married spouses

Married spouses generally split property acquired during the marriage equally when it ends, and the spouse with the smaller share is owed an equalization payment. That framework is built for marriage.

Common-law couples are not legally required to split property acquired while living together. If the home is registered in your partner's name alone, that is usually the starting point. Living together for years does not, by itself, give you a half share.

That does not leave you without options. Ontario.ca states that a partner who contributed to property the other owns may have a right to part of it. How this applies depends on your situation, so it is worth confirming with a lawyer.

What an unjust enrichment or constructive trust claim means in plain words

In everyday terms, an unjust enrichment claim says that your partner ended up better off because of your money or work, that you ended up worse off, and that it would be unfair to let them keep the benefit. What a court can order, and in what form, depends on your situation, so it is worth confirming with a lawyer.

The official guidance says a partner with a contribution may need to go to court to recover it. In other words, a share of the home is not something that happens automatically, and your partner is not required to agree to it.

Whether a court would give you a money amount, a share of the home, or nothing depends on the evidence. The exact legal tests and how courts measure the benefit are worth reviewing with a lawyer who can apply them to your facts.

What kind of contributions tend to matter

The strength of a claim usually turns on proof. Think about what you actually put in and whether you can show it.

• Money you paid toward renovations, materials or contractors, with receipts, bank records or e-transfers.
• Your own labour, such as building, painting or managing the project, and how much time it took.
• Payments toward the mortgage, property taxes, insurance or repairs.
• Messages or emails where your partner acknowledged or encouraged your contribution.
• Before and after photos, permits, invoices and quotes that show what was done and when.

Also be ready to explain the other side of the story. Your partner may say you lived in the home without paying rent, or that your payments covered your own living costs. Those arguments are common in disputes like this, so a clear picture of the full financial arrangement helps.

Agreements can change the picture

Couples can vary the default rules by a domestic contract, such as a cohabitation agreement or a separation agreement. If you signed something that deals with property or renovations, it may limit or shape what you can claim.

Ontario.ca says a marriage contract or cohabitation agreement must be signed by both parties in front of a witness, and the witness must also sign. If a document you signed does not meet that description, it is worth asking a lawyer how it affects you.

Even a signed agreement is not always the end of the matter. Under the Family Law Act, a court may set aside a domestic contract, or a provision in it, if a party failed to disclose significant assets, debts or other liabilities existing when the contract was made, or did not understand the nature or consequences of the contract.

Practical steps to take now

Do not wait for a perfect case before organizing your evidence. Time limits may apply to a claim like this, and they are covered in a separate article on common-law property claims, so it is sensible to speak with a lawyer early.

• Gather receipts, invoices, bank statements and e-transfer records for every renovation or home payment.
• Write a timeline of what was done, when, who paid and who did the work.
• Collect messages and emails that mention the home, the renovations or who was paying.
• Find any cohabitation, separation or other agreement you signed.
• Note the date you separated and the date you moved out, if you did.
• Do not sign a separation agreement or release before getting legal advice.
• Consider asking a lawyer to review whether your facts support a claim and what the deadline may be.

Frequently asked questions