Common Law

What are my rights if we were common-law in Ontario?

Common-law couples have the same rights regarding children (support and parenting) and spousal support (after 3 years). However, they have no automatic right to share in property growth or the "matrimonial home." You keep what is in your name unless you can prove you...

Do common-law partners have to split property 50/50?

No. Unlike married couples, there is no "equalization" of assets. You own what you bought. If you want to claim a share of an asset owned by your partner, you must prove you contributed to it (financially or through labor) using a complex legal claim called "Unjust...

Is there a “matrimonial home” in a common-law relationship?

No. The special "Matrimonial Home" protections (where both spouses have an equal right to live in the home regardless of ownership) apply only to legally married couples. If a common-law couple splits and only one person is on the deed, the non-owner has no legal...

How long do you have to live together to be “common-law”?

For spousal support, you must cohabitate for 3 years (or less if you have a child together). For tax purposes (CRA), you are considered common-law after only 1 year. It is a common myth that property rights change after a certain number of years; in Ontario, they do...

Can I claim spousal support after a common-law breakup?

Yes. If you have lived together for at least 3 years, or if you have a child and have lived in a relationship of "some permanence," the lower-earning partner can claim spousal support to help bridge the financial gap after the separation.

Who gets the dog/pets in a common-law separation?

Legally, pets are "property," but mediation allows for a more compassionate approach. We help you create a "Pet Parenting Plan" that covers a shared schedule, how to split vet bills, and who makes decisions about the animal's care, ensuring the pet's well-being is the...

Do we need a separation agreement if we weren’t married?

Yes. An agreement is the only way to "shut the door" on future legal claims. It documents your parenting plan, confirms child support, and—crucially—contains a "release" where both parties agree not to sue for spousal support or property in the future.

How is child support different for common-law parents?

It is not different. The Federal Child Support Guidelines apply to all children regardless of whether their parents were married, common-law, or never lived together. The support is the right of the child, and the rules for calculation are identical across Ontario.

What is a “Constructive Trust” claim in property division?

This is a claim made by an unmarried partner who says: "I worked on your house/business for years, and it's unfair for you to keep all the value." If you can prove your contribution increased the asset's value, a court can grant you a share of that asset even if you...

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Located in the heart of Whitby and proudly serving the Durham Region, Legal Boutique provides accessible family mediation services without the commute. While we regularly assist clients locally in Oshawa, Ajax, Pickering, and Clarington office we also offer vurtual mediation to serve the entire Greater Toronto Area (GTA) and beyond.

Additional Posts

Do I need a separation agreement if we don’t have kids?

Yes. Even without children, a separation agreement is vital to formally "waive" or set the terms for spousal support and to finalize the division of property and debts. Without a signed agreement, your ex-spouse could potentially...

How do I prove our separation date to the court?

If your date of separation is challenged, the court looks for "external markers" of a breakup. This includes moving into separate residences, changing your marital status on CRA filings, notifying bank or insurance providers, or—most importantly—having that date...

What happens if my spouse won’t sign the separation agreement?

If a spouse refuses to sign, we first look at the "Why." Often, it is a lack of information or a feeling of unfairness. We use "Shuttle Mediation" to address these concerns privately. If the impasse remains, you may need a lawyer to send a formal offer, but most...

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