Common Law Relationships

Comparing Common Law and Married Couples Rights in Ontario

Comparison of Rights: Common Law vs. Married Couples

Understanding Common Law Rights in Ontario

Contrary to popular belief, common law partners do not have the same rights and obligations as married couples. It's important to know Ontario common law and the distinctions between cohabiting partners and married spouses in order to safeguard yourself in the event that your relationship dissolves. Feldstein Family Law Group P.C. has over 20 years of experience and can offer you insightful advice about your rights as a common law partner in Toronto, Mississauga, Markham, Oakville, Vaughan, and the surrounding areas. We can help with common law couples' legal issues with regard to assets, property, child support, custody, and separation.

Criteria for Common Law Partnership

In Ontario, a couple is considered common-law partners if they have lived together in a marital-like relationship for three years or more. Alternatively, they may be recognized as common-law partners if they have cohabited for at least one year and have a child together, whether by birth or adoption.

Definition of Conjugal Relationship

In Canada, a "conjugal relationship" is more than just a sexual partnership. In addition to a sexual relationship, it includes shared living arrangements, finances, social circles, and emotional ties.

Property Division under Ontario Common Law

In Ontario, a couple is deemed common-law partners if they have cohabited in a marital-like relationship for three years or more. Additionally, they may be recognized as common-law partners if they have lived together for at least one year and have a child together, whether through birth or adoption.

Remedies for Cohabiting Spouses

Common-law couples may not have equalisation rights, but they can access legal remedies such as a constructive trust based on unjust enrichment. This trust provides a cohabiting spouse with rights to property, including the marital residence, proportional to their contributions toward its purchase, maintenance, and preservation.

Possession of the Matrimonial Home

Under the FLA, both spouses in Ontario have equal rights to the matrimonial home, regardless of who owns the title. In order to guarantee safety or safeguard the interests of minors, courts may grant orders for exclusive possession.

Options for Cohabiting Spouses

Cohabiting couples have a number of choices for regaining possession of the marital residence or getting paid for their contributions, such as:

Seeking spousal support orders under the FLA.

• Applying for a constructive trust over the matrimonial home, granting joint possessory rights.

• Seeking restraining orders for safety concerns.

• Enforcing bail conditions to exclude offenders from the matrimonial home in criminal cases.

Common Law Relationships & Division of Assets:

In a common-law relationship, the individual with legal title typically owns any property acquired during the relationship. Unlike married couples, there is no system for equalisation payments or computation of net family property. However, common-law partners may seek compensation for their contributions to the acquisition, maintenance, or preservation of property through resulting trusts, constructive trusts, or claims of unjust enrichment.

Conclusion

Understanding the legal distinctions between common-law and marital partnerships in Ontario is essential for protecting your rights and interests. If you are in a common-law relationship and need assistance with legal matters or clarification about your legal standing, consult with one of our experienced family law attorneys for expert advice and support.