Living common-law? You have fewer rights than you think

This is the single most consequential misunderstanding we encounter. Many people believe that after some period of living together, they acquire the same property rights as married spouses in Ontario. They do not.

What common-law partners do not get

The equalization regime under the Family Law Act applies to married spouses only. A common-law partner has no automatic claim to a share of property held in the other's name — including the home you have lived in together for fifteen years, if it is registered to your partner alone.

What common-law partners do get

• Spousal support, after cohabiting for at least three years or having a child together in a relationship of some permanence
• Claims in unjust enrichment or constructive trust where one partner contributed to property held by the other
• Full parenting rights and obligations — parenting law does not distinguish by marital status

Unjust enrichment is not a substitute

Those claims exist, but they are fact-intensive, expensive to prove, and far less predictable than equalization. Relying on them is a poor plan when a cohabitation agreement costs a fraction of the litigation.

If you are buying a home with a partner you are not married to, get advice before closing — not after the relationship ends.