Rights Of Common Law Spouses In Ontario

Common Law Spouses and Property

In Ontario, common law spouses do not have the same property rights as married couples. When common law spouses separate, they do not have property rights upon separation, and instead, general property law applies.

Nevertheless, there are certain remedies available for common law spouses. One example of a remedy is a constructive trust from an unjust enrichment. A constructive trust is a legal mechanism that allows a common law spouse who is not on title to gain a right to property, such as a matrimonial home. For example, a common law spouse who stayed home to raise children and completed the majority of domestic services, may be entitled a monetary award or a constructive trust over the matrimonial home.

Also, if a common law spouse contributed towards purchasing a home, they may be entitled to a share of the home proportionate to their contribution.

Entitlement of common law spouses to property typically requires legal intervention.

Common Law Spouses and Children

In Ontario, common law spouses have the same rights to child custody, access, and support as married spouses. Thus, upon separation, common law spouses will plan for child support, custody and access in the same way as married spouses.

Considerations and arrangements regarding children can be addressed in a cohabitation or separation agreement. If no such agreement is in place, these issues may require court intervention.

Common Law Spouses and Spousal Support

In Ontario, common law spouses may be entitled to spousal support upon separation. For example, if your common law partner made more income or had more assets, you may be entitled to spousal support upon separation.

It is important to keep in mind that spousal support is not automatic and legal intervention is often necessary to determine entitlement, quantum, and duration. It is a good idea to address issues of spousal support in a cohabitation or separation agreement. Otherwise, court intervention may be necessary.

Understanding your rights is crucial not only upon separation, but upon cohabitation. At Melekhovets Law, we understand the complexities that common law spouses face in navigating their legal rights. Contact us today to learn more about how we can assist you.