In Ontario, common-law partners do not have the “matrimonial home” protections that married couples enjoy. If you are not on the legal title of the property, the owning partner generally has the right to evict you. If you refuse to leave, they can apply to the Superior Court of Justice for an eviction order, typically requiring 30 to 60 days of reasonable notice.
When a long-term common-law relationship breaks down in Ontario, the emotional toll is identical to a divorce. However, the legal reality is shockingly different. Many people in cities like Toronto, London, and Sudbury falsely believe that living together for three years grants them half the house and the right to stay there forever. This is one of the most dangerous myths in Canadian family law.
Under the Ontario Family Law Act, the special protected status of the “matrimonial home” only applies to legally married couples. ⚠ For common-law partners, property division is governed strictly by property ownership. If your name is not on the deed or the lease, you are legally considered a guest in the home. The titled owner has the right to ask you to leave, and if you refuse, a family court judge can and will order your eviction. Here is how this difficult process unfolds and what rights you may still have.
Step-by-Step Process for Evicting a Common-Law Spouse in Ontario
Evicting an ex-partner is not as simple as changing the locks while they are at work. Doing so can result in police intervention and claims for damages. Most applicants in this province follow a strict legal process to ensure the removal is lawful.
Step 1: Verify Legal Title and Lease Agreements
The entire eviction process hinges on ownership. 📋 Before taking action, you must verify the property title at the Ontario Land Registry. If the home is in both names (joint tenancy), neither party can evict the other, and the house must be sold or bought out. If the home is entirely in your name, or you are the sole name on the residential lease, you hold the legal power to dictate who lives there.
Step 2: Provide Reasonable Written Notice
You cannot legally kick a common-law partner out onto the street with zero notice. Under common law principles, a “licensee” (your ex) is entitled to reasonable notice to vacate the premises. A law firm will typically draft a formal demand letter giving the non-titled spouse 30 to 60 days to pack their belongings and find a new place to live. The length of reasonable notice depends on the length of the relationship and their financial vulnerability.
Step 3: Assess for Constructive Trust Claims
Before proceeding to court, you must evaluate if the non-titled spouse has a legal claim to the equity. 💵 If they paid for major renovations, contributed heavily to the mortgage, or stayed home to raise the children while you built wealth, they might claim “unjust enrichment.” While this does not automatically stop an eviction, a judge may delay the eviction or order you to pay a massive lump-sum settlement before they are required to hand over the keys.
Step 4: File for an Eviction Order at the Superior Court
If the 30 or 60-day notice period expires and your ex-partner refuses to leave, you cannot use physical force. Your family lawyer must apply to the Superior Court of Justice for an order for exclusive possession or a civil writ of possession. You must present evidence of your sole ownership and proof that reasonable notice was given.
Step 5: Enforcement by the Local Sheriff
Once the Superior Court judge grants the eviction order, your ex-spouse is legally obligated to vacate. 👮 If they still refuse to leave the property, the order is handed over to the local Sheriff’s office (the Court Enforcement Office). The Sheriff has the legal authority to arrive at the property, physically remove the individual, and allow you to change the locks.
How Much Does it Cost in Ontario?
Forcing an ex-partner out of your home through the legal system can be an expensive and highly contested process. 💰 Here are the typical costs as of June 2026:
| Legal Action / Service | Estimated Cost (CAD) |
|---|---|
| Lawyer’s Demand Letter (Notice to Vacate) | $300 – $600 CAD for formal legal drafting. |
| Superior Court Filing Fees | $214 CAD in family court (or $243 CAD under civil rules). |
| Contested Eviction / Trust Claim Litigation | $5,000 to $15,000+ CAD in lawyer fees if they fight back with an unjust enrichment claim. |
| Sheriff Enforcement Fee | Approximately $350 – $500 CAD for the local enforcement office. |
How Long Does the Process Take?
Evicting a common-law partner is not immediate. The mandatory reasonable notice period is usually 30 to 60 days. If they refuse to leave and you must wait for a hearing date at the Superior Court of Justice, the entire process can easily take 3 to 6 months. Cases involving domestic violence or extreme safety concerns can be expedited via an urgent restraining order in a matter of days.
Frequently Asked Questions (FAQ)
Does having kids together stop the eviction?
Not automatically. While a judge prioritizing the best interests of the children may delay the eviction to ensure the kids have stable housing, the titled owner still ultimately has the right to their property. However, you will likely be ordered to pay significant child support and potentially spousal support to help them afford a new home.
Can the non-owning spouse claim half the house value?
Only if they can successfully prove an “unjust enrichment” or “joint family venture” claim in court. Unlike married couples, common-law partners do not have an automatic 50/50 right to the equalization of property in Ontario.
What if there is domestic violence involved?
If the titled owner is abusive, the non-titled spouse can apply for an urgent restraining order or an exclusive possession order under the Family Law Act (in very specific circumstances involving children) or the Children’s Law Reform Act, which can temporarily remove the abusive owner from the home.
Are common-law property rules changing in Ontario?
As of June 2026, Ontario has not adopted the same sweeping common-law property rights seen in British Columbia or Alberta. Common-law couples in Ontario still must rely on property ownership and complex trust claims rather than automatic statutory division.
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