- Common-law couples in Ontario are not legally required to split property acquired while living together, and items generally belong to the person who bought them.
- A partner who contributed to a car the other owns may have a right to part of it, but may need to go to court to recover that contribution.
- The equal-split rule for married spouses does not apply to common-law couples.
- Records of who paid what, and a written agreement, are the most useful tools you can have.
The car is registered in your partner's name, but you helped pay for it. Maybe you made loan payments, covered insurance, or put in a down payment. Now you have separated and each of you wants the car, or at least the money you put in.
This article explains how Ontario generally treats vehicles when an unmarried couple splits up, how loans fit in, and what a contribution claim looks like. Every situation is different, so use this as a starting point for a conversation with a lawyer.
The starting point for unmarried couples
Ontario's rules for dividing property are different for married and unmarried couples. Common law couples are not legally required to split property acquired while living together, and property generally belongs to the person who bought it. The equal-split rule that applies to married spouses does not apply to them.
That means the person who bought the car generally starts in a stronger position. But the story does not end there, because the other partner may have a claim based on what they contributed.
When you paid but the car is not in your name
A partner who contributed to property the other partner owns may have a right to part of it. Unless the other partner agrees to pay them back, they may have to go to court to recover the contribution.
Whether you have such a claim, and how much it is worth, depends on the facts, so it is sensible to get advice early rather than waiting. Contributions that people commonly raise include:
- A down payment or lump sum toward the purchase
- Regular loan or lease payments made from your own account
- Insurance, maintenance, repairs and registration costs
- Trading in a car you owned before the relationship
What about the car loan or lease?
The loan or lease contract is a separate matter from who owns the car. How it applies to you depends on whose name is on the contract, so it is worth confirming with a lawyer. Check whose name is on the paperwork, whether you are a co-borrower or guarantor, and what the contract says about transferring or paying out the vehicle.
If the loan is in your name but the car stays with your partner, that is a risk to raise in any negotiation. A written agreement can say who will keep making payments, and whether the loan will be paid out or transferred. A lawyer can confirm what is realistic with your lender.
| Situation | What usually matters |
|---|---|
| Car in your partner's name, you paid part | Your contribution and whether your partner will repay it |
| Car in your name, partner paid part | Your partner may raise a contribution claim |
| Car bought before the relationship | Records of who owned it and who paid since |
| Loan signed by both of you | The lender's contract and what you agree between yourselves |
Ways to resolve it
Many couples settle the car issue without a judge. One partner might keep the car and repay the other for their contribution, or the car might be sold and the proceeds shared in a way you both accept. If a cohabitation agreement exists, check what it says about property, since it is a domestic contract setting out property rights. Any change to such a contract must be in writing and signed in front of a witness, and each partner should speak to a different lawyer before signing.
If you cannot agree, a general application (Form 8) is used in Ontario family court for claims other than a divorce, and dividing property is among the issues a judge can be asked to decide.
If you have children, the car may be part of how you share parenting. Parenting time and decision-making responsibility are separate issues from who owns the vehicle, and a judge must make parenting orders in the child's best interests.
What to do next
- Gather the purchase agreement, ownership permit, loan or lease contract and insurance papers
- Collect bank statements showing your payments toward the car
- Write down the dates and amounts of any down payment, repairs or insurance you covered
- Do not sell, transfer or remove the car without agreement or advice
- Ask a family lawyer whether a contribution claim fits your facts and what time limits might apply
- Put any agreement in writing before money or keys change hands
Frequently asked questions
If the car is in my partner's name, is it all theirs?
Not always. Property generally belongs to the person who bought it, but a partner who contributed to property the other owns may have a right to part of it. The answer depends on who paid for what.
Can I get half the car's value as a common-law partner?
There is no automatic equal split for common-law couples. Any claim would usually be based on your contribution rather than a fixed share, and the amount depends on the facts.
Do I have to go to court to get my money back?
Not if your partner agrees to repay you. If they do not, you may have to go to court to recover the contribution.
What if we both signed the car loan?
The lender's contract is separate from your ownership dispute. How it applies to you depends on what the contract says, so review it and consider legal advice before agreeing who keeps the car.
Sources
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Ontario.ca – Guide to procedures in family court: Starting your family case — ontario.ca
- Ontario.ca – Parenting time, decision-making responsibility and contact — 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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