Common-law spouses in Ontario have limited property rights but may claim spousal support and other benefits
Under Ontario law, common-law partners have different legal rights compared to married couples. While they don’t automatically receive the same property division rights as married spouses, they can access several important legal protections.
Common-law partners may be entitled to:
- Spousal support after living together for 3 years or having a child together
- Constructive trust claims for contributions to property owned by their partner
- Inheritance rights if named in a will or through dependent’s relief claims
- Benefits coverage through workplace insurance and pension plans
- Joint family home possession rights for up to 60 days after separation
To protect their interests, common-law partners should consider creating a cohabitation agreement that clearly outlines property rights and financial obligations during the relationship and after separation.