If you contributed significant money or free labour to a house owned entirely by your common-law partner, you can file a Constructive Trust claim in Ontario. This legal action asks a judge to give you an actual ownership percentage of the property because your partner was unjustly enriched by your efforts.
Moving into a home owned by your unmarried partner is a major milestone, but it also creates severe legal risks in Ontario. Because common-law spouses do not have an automatic right to divide property, the person whose name is on the deed holds all the legal power. 🚨 Over the years, you might pay for a new roof, completely remodel the kitchen, or spend every weekend building a backyard deck. When the relationship ends, your partner might try to kick you out, keep the house, and profit off all your hard work.
The law of equity provides a powerful remedy for this exact situation. By claiming Unjust Enrichment, you can ask a judge to impose a Constructive Trust on the property. This essentially forces the legal owner to hold a portion of the house’s value in trust for you, recognizing that the property’s increased worth is directly tied to your sweat and financial contributions.
Step-by-Step Process in Ontario
Whether the disputed real estate is a condo in downtown Toronto, a suburban house in Markham, or a cottage in Muskoka, filing a constructive trust claim is a high-stakes legal battle at the Superior Court of Justice. Here is how your family law firm will construct your case.
Step 1: Prove the Owner’s Enrichment
First, you must prove that your ex-partner actually benefited financially from your actions. 📈 Did you pay half the mortgage directly from your bank account? Did you purchase $20,000 CAD worth of hardwood flooring? Did you provide hundreds of hours of unpaid physical labour to finish the basement? You must bring receipts, bank statements, and before-and-after photos to show their asset grew in value because of you.
Step 2: Prove Your Own Deprivation
Every enrichment usually has a corresponding deprivation. You must prove to the court that you lost out on something by helping your partner. This is usually straightforward: you lost the thousands of dollars you poured into their house, or you lost the opportunity to save that money to buy your own separate piece of real estate.
Step 3: Prove No Juristic Reason Exists
This is the most critical legal hurdle. You must prove there was no legitimate legal reason for you to give them this wealth. 🗝 Your ex-partner will likely argue that your money was meant as a ‘gift’, or that it was simply ‘rent’ for living there. You must show the court that there was no valid contract, no intention of a gift, and that any reasonable person would expect to be compensated for that level of contribution.
Step 4: Request a Constructive Trust Over the Property
If you prove unjust enrichment, the judge will decide the remedy. Often, the court just orders a lump-sum monetary payout. However, if your lawyer can prove that your contributions were deeply and directly tied to the physical property itself, the judge can award a Constructive Trust. This means you are legally awarded a percentage of the home’s equity (e.g., 25%), and the house may need to be sold to pay you out.
Constructive Trust vs. Resulting Trust
| Concept | Constructive Trust | Resulting Trust |
|---|---|---|
| Core Premise | Imposed by a judge to fix an unfair financial imbalance (unjust enrichment). | Assumes you were supposed to be an owner from the very beginning. |
| Typical Evidence | Paying for major renovations or providing extensive free labour over time. | You provided the down payment, but for mortgage reasons, only your partner went on title. |
| Legal Intent | Intent to share ownership is not strictly required, fairness dictates it. | Requires proof that both parties always intended you to be a true owner. |
How Much Does it Cost in Ontario?
Pursuing a property claim through the courts is a major financial undertaking. In 2026, a common-law partner in Ontario can expect these costs:
- Real Estate Appraisals: You will need a certified appraiser to value the home both before and after your renovations, usually costing $500 to $1,500 CAD.
- Certificate of Pending Litigation (CPL): Registering a CPL on the title to freeze the house so your ex cannot sell it while you sue them costs a small registration fee, but requires significant lawyer hours to draft.
- Lawyer Fees: A complex constructive trust trial will easily require a retainer of $20,000 to $40,000+ CAD.
How Long Does the Process Take?
Filing the initial claim and placing a Certificate of Pending Litigation on the property can be done in a matter of a few weeks, immediately preventing your ex from selling the house. However, reaching a final trial decision at the Superior Court of Justice will typically take 1.5 to 3 years. Due to the high legal costs and delays, most of these cases are eventually settled at mediation.
Frequently Asked Questions (FAQ)
Does buying groceries and paying for utilities count?
Usually no. Paying for daily living expenses like groceries, hydro, or internet is generally considered your fair share of the living costs. To win a constructive trust, your contributions must usually be directly tied to improving or acquiring the physical real estate.
Can I refuse to move out while the lawsuit is happening?
Because you do not have a registered ‘Matrimonial Home’ right, your ex-partner can technically ask you to leave. Legally, the right to “exclusive possession” of a family residence is an exclusive statutory privilege of legally married spouses under Part II of Ontario’s Family Law Act (s. 24). Unmarried partners do not have the right to seek exclusive possession under this statute, and courts have no statutory power to grant it to them. You may, however, request a temporary right to remain in the home through a much more complex and rare interlocutory injunction process within your civil constructive trust lawsuit.
What if they put the house in a corporation’s name?
It becomes much more complicated. If the home is owned by your partner’s business, your lawyer must attempt to ‘pierce the corporate veil’ to prove the corporation is merely a shell used to hide their personal family assets.
Is it better to just ask for my money back?
It depends on the real estate market. If housing prices in Ontario have skyrocketed since you did the renovations, claiming a percentage of the home (Constructive Trust) will yield far more money than just asking for a refund of your original renovation costs.
Will the court force them to sell the house?
If the judge awards you a constructive trust and your ex-partner does not have the liquid cash or the ability to refinance the mortgage to buy out your newly awarded share, the court can absolutely order the property to be listed and sold.
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