In Ontario, the special legal protections for a “matrimonial home” are strictly reserved for legally married couples. If you are common-law, you do not have an automatic right to stay in the home if you are not on the title, and your partner can generally sell it without your permission.
The Harsh Reality for Common-Law Spouses in Ontario
Moving in with a partner in cities like London, Hamilton, or Toronto is an exciting milestone. However, there is a dangerous and widespread myth that living together for several years grants you the same property rights as a legally married couple. Under the Ontario Family Law Act, this is absolutely false. The concept of the “matrimonial home”-which prevents one spouse from evicting the other or selling the house without consent-does not apply to common-law relationships.
If you are unmarried and the house is solely in your partner’s name, you are legally considered a guest or a tenant (without Residential Tenancies Act protections) in your own home. ⚠ If the relationship breaks down, the titled owner can technically ask you to leave immediately. To protect your housing security and financial future, it is critical to consult a family law firm from our directory to establish a legal framework before a crisis occurs.
Step-by-Step Process to Protect Your Housing Rights in Ontario
Because the law does not automatically protect unmarried partners’ housing rights, you must take proactive steps to secure your position. 📝 Here is how you can protect yourself while living common-law.
Step 1: Understanding Legal Title vs. Occupation Rights
The first step is verifying exactly whose name is on the property deed. If only your partner’s name is on the title, they have the exclusive legal right to possess, sell, or mortgage the property. Unlike married couples, you cannot register a “designation of matrimonial home” on the title to block a sale. Knowing your vulnerability is the first step to addressing it.
Step 2: Drafting a Cohabitation Agreement
The most effective way to protect yourself is by signing a Domestic Contract, specifically a Cohabitation Agreement. This legally binding document can outline exactly what happens if you separate. You can mutually agree that neither party will be forced to move out immediately, granting a 60-day or 90-day grace period to find new housing. Both parties must receive Independent Legal Advice (ILA) for the agreement to be valid.
Step 3: Purchasing Property as Joint Tenants
If you and your partner decide to buy a house together, ensure that both of your names are on the legal title. 🔑 Buying the property as “Joint Tenants” means you both own the home equally, and neither person can sell it or kick the other out without consent. If one partner dies, the property automatically transfers to the surviving partner.
Step 4: Pursuing a Trust Claim if Evicted
If you have already separated and your ex-partner has kicked you out of the home you helped pay for, you must take immediate legal action. Your family lawyer can file a claim at the Ontario Superior Court of Justice for unjust enrichment. By proving a “constructive trust,” you can argue that your financial contributions or unpaid labour earned you a beneficial interest in the property, even if you are not on the title.
Step 5: Seeking Housing Support or Beneficial Interest Claims
If you are not on the title, you cannot apply for standard exclusive possession under Part II of the Family Law Act, as that remedy is strictly reserved for married couples. However, in cases of separation or safety concerns, your lawyer can seek a court order to let you remain in the home indirectly. This can be argued as a form of spousal support under Part III (Section 34) of the Act, or by asserting an immediate beneficial interest (constructive trust) in the home through an unjust enrichment claim.
How Much Does it Cost in Ontario?
Protecting your common-law property rights requires legal investment. As of June 2026, here are the estimated costs in Canadian dollars (CAD):
| Cohabitation Agreement | Having a family lawyer draft a comprehensive cohabitation agreement typically costs between $1,500 CAD and $3,500 CAD. |
| Independent Legal Advice (ILA) | The partner who did not draft the agreement must pay for their own lawyer to review it, usually costing $500 CAD to $1,000 CAD. |
| Filing a Property Application | If you must sue your ex-partner for a share of the home, the Superior Court of Justice filing fee for a Form 8 Application is $214 CAD, and litigation retainers usually start at $5,000 CAD. |
How Long Does the Process Take?
Drafting and signing a Cohabitation Agreement is a swift process, generally taking 3 to 6 weeks if both partners are cooperative. 🕑 However, if you separate without an agreement and must litigate a constructive trust claim to get compensated for your contributions to the home, the family court process can easily take 1.5 to 3 years.
Frequently Asked Questions (FAQ)
Can my common-law partner change the locks on me?
Legally, if you are not on the title and have no written agreement, you do not have a statutory right to stay. If they change the locks, local police will generally view it as a civil matter and will not force them to let you back in.
What if we have children together?
Having children does not magically turn the house into a “matrimonial home.” However, the court will heavily consider the best interests of the children regarding decision-making responsibility and parenting time, and may award child support to help you secure new housing.
Does paying rent to my partner give me ownership rights?
Simply paying “rent” or sharing basic living expenses is rarely enough to claim ownership. To claim a constructive trust, you generally must prove substantial contributions, such as paying down the principal mortgage or funding major renovations.
Will a Cohabitation Agreement hold up in court?
Yes, provided there was full and honest financial disclosure from both sides, and both parties received Independent Legal Advice before signing. A judge will rarely overturn a properly executed domestic contract.
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