Family law

Married vs. common-law in Ontario: the property gap nobody warns you about

Married spouses in Ontario are entitled to equalization of net family property under the Family Law Act, and both have possessory rights in the matrimonial home regardless of whose name is on title.

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Married spouses in Ontario are entitled to equalization of net family property under the Family Law Act, and both have possessory rights in the matrimonial home regardless of whose name is on title.

Common-law partners are not. There is no automatic property division, and no automatic right to remain in a home you don't own — no matter how long you lived there or how much you contributed to it. Claims can sometimes be advanced on other legal grounds, but they are harder, slower and less certain.

Support obligations, on the other hand, can arise for common-law partners. The mismatch catches people out constantly. A cohabitation agreement is the straightforward fix, and it is much cheaper to write one than to argue about its absence later.

General information about Ontario law, not legal advice, and rules change. Nothing here creates a solicitor–client or paralegal–client relationship. For advice on your own situation, get in touch.

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