In Ontario, unmarried common-law partners do not automatically split property. To claim a share of a home you do not legally own, you must generally file a trust claim at the Superior Court of Justice. A resulting trust involves direct financial payments, while a constructive trust involves unpaid labour or indirect contributions. The basic court filing fee is currently $214 CAD.
Understanding Trust Claims for Unmarried Partners in Ontario
When legally married couples separate in Ontario, the Family Law Act provides a clear formula for equalizing their property.
However, if you are in a common-law relationship in cities like Toronto, Ottawa, or Mississauga, the rules are drastically different. Unmarried partners generally leave the relationship with whatever assets are in their own name. This can be devastating if you spent years contributing to a house owned entirely by your ex-partner.
To correct this unfairness, Ontario family law relies on equitable remedies known as trust claims. 📍 By proving a resulting trust or a constructive trust, you may be entitled to a financial payout or a legal share of the property itself. Because these claims involve complex legal arguments surrounding “unjust enrichment,” it is highly recommended to hire an experienced family lawyer from our directory to present your case properly.
Step-by-Step Process for Filing a Trust Claim in Ontario
Proving that you deserve a share of your ex-partner’s property requires robust evidence and a formal legal process. You must navigate the family court system carefully to establish your contributions.
Step 1: Identifying the Type of Trust Claim
Your law firm will first determine which trust applies to your situation. A resulting trust occurs when you directly contributed money to purchase the property (like paying half the $50,000 CAD down payment) but your name was left off the title. A constructive trust is broader; it applies when you enriched your partner through unpaid labour, such as spending months renovating the kitchen, while suffering a “corresponding deprivation” (e.g., giving up your own career to work on the house).
Step 2: Gathering Comprehensive Evidence
Trust claims are won or lost on documentation. 📁 You cannot simply state that you helped out. You must gather bank statements showing mortgage payments, receipts for renovation materials, or emails detailing your financial arrangements. If you are claiming a constructive trust based on a “joint family venture,” you must show that you and your partner pooled your finances and made collaborative life decisions.
Step 3: Filing an Application at the Superior Court of Justice
To initiate your lawsuit, your lawyer will draft a Form 8 Application outlining your claim for unjust enrichment and a constructive or resulting trust. 📄 This document is filed at the Ontario Superior Court of Justice in the municipality where you and your ex-partner resided. You cannot file complex property trust claims at the lower Ontario Court of Justice.
Step 4: Navigating the Discovery Process
Once your ex-partner files their Response, both sides will exchange a sworn Financial Statement (Form 13.1). Your lawyer will heavily scrutinize their assets. You may also attend Questioning (Examinations for Discovery), where you will answer questions under oath about exactly what labour or money you contributed to the property.
Step 5: Mandatory Mediation and Settlement
Before a judge will hear a lengthy trial, you must attempt to settle. 🤝 Many Ontario jurisdictions require mandatory mediation or a Case Conference. Often, a strong constructive trust claim will convince the other side to offer a lump-sum financial settlement rather than risking a judge awarding you a permanent percentage of the home’s equity.
How Much Does it Cost in Ontario?
Litigating a trust claim is a highly specialized area of family law. As of May 2026, you should prepare for the following estimated costs in Canadian dollars (CAD):
| Court Filing Fees | Issuing a Form 8 Application at the Superior Court of Justice costs $214 CAD. Additional family motions are completely free ($0 CAD). |
| Lawyer Fees | Family lawyers generally charge between $350 CAD and $800 CAD per hour. Taking a complex trust claim through to a full trial can easily cost between $25,000 CAD and $75,000 CAD. |
| Real Estate Appraisals | You will need a professional appraiser to determine the historical and current value of the home, typically costing $500 CAD to $1,000 CAD. |
How Long Does the Process Take?
Because trust claims require extensive financial analysis and evidence of a joint family venture, they are rarely resolved quickly. 🕑 If you can reach a settlement during mediation, the process might take 8 to 14 months. However, if the matter proceeds to a full family court trial, you should expect the litigation to stretch across 2 to 4 years.
Frequently Asked Questions (FAQ)
What is unjust enrichment?
Unjust enrichment is a legal concept where one person benefits at the expense of another, without a legally valid reason. It forms the basis of a constructive trust claim in Ontario family law.
Does paying for groceries count towards a constructive trust?
Generally, paying for minor household expenses is not enough to secure a share of the home’s equity. You must prove a substantial contribution, such as a joint family venture where your financial pooling allowed your partner to pay down the mortgage.
Can I claim spousal support along with a trust claim?
Yes. If you meet the definition of a common-law spouse under the Family Law Act, you can apply for spousal support simultaneously with your property trust claim.
Will the judge force them to sell the house?
If you successfully prove a constructive or resulting trust, the judge may order the property to be sold so you can receive your equity share, or they may order your ex-partner to pay you a lump sum to buy out your interest.
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