What Common Law Couples in Ontario Need to Know About Property, Protection, and Planning

Emily Miszk
May 23
3 min read

As a mortgage broker, I often work with couples who are buying homes together—and many of them are in common law relationships. While their commitment is just as real and long-term as that of a married couple, the legal protections they receive are very different.

If you're living with a partner but aren’t legally married, it's essential to understand how that status affects your rights—especially when it comes to real estate, taxes, and estate planning. This is where consulting a real estate lawyer becomes incredibly important.

Here are a few key points you should know:

1. What Defines a Common Law Spouse in Ontario?

In Ontario, you’re generally considered common law if:

You’ve lived together in a conjugal relationship for at least three years, or
You’ve lived together for a shorter period but share a child (by birth or adoption)

It’s a legal definition that comes with certain tax and benefit implications—but it doesn’t mean you’re treated the same as a married couple in all areas of law.

2. Property Ownership: No Automatic Rights

This is one of the biggest surprises for many common law partners.

Unlike married spouses, common law partners don’t have automatic rights to a 50/50 split of property after a separation. If only one person is listed on the title of the home, the other may have little or no legal claim to it—unless they can prove a financial contribution or file a trust claim, which can be complex and expensive.

3. Tax Benefits and Land Transfer Exemptions

On the positive side, common law partners can file taxes together and may qualify for certain benefits. And under the Land Transfer Tax Act, common law spouses may be eligible for the same exemptions as married couples when transferring property between them—if they meet the criteria.

4. No Inheritance Rights Without a Will

Here’s where things can get especially risky.

If a married spouse passes away without a will, Ontario law gives their surviving spouse a share of the estate. But if you’re common law, and your partner dies without a will, you’re not automatically entitled to anything—not the home you live in, not the savings you shared, nothing.

That’s why having proper legal documents in place is so important.

5. What You Can Do to Protect Yourselves

If you’re in a common law relationship, here are some steps you should seriously consider:

✅ Make a Will – Don’t leave anything to chance. This is critical if you own a home together or want to protect your partner.

✅ Create a Cohabitation Agreement – A lawyer can help outline how assets should be shared and clarify financial responsibilities.

✅ Get Legal Advice Early – Especially if you’re buying a home, refinancing, or planning long-term investments together.

The Bottom Line

I help clients with mortgages every day—but when it comes to legal rights, title ownership, and estate planning, I always recommend speaking with a qualified real estate lawyer. Buying property as a couple is exciting, but it’s also a major legal and financial commitment. You want to make sure you're protected—both today and in the future.

Have questions about qualifying for a mortgage with your partner? I’d love to help you plan for that next step—with clarity around what’s needed and who should be on the title.

Ready to chat about your goals?