Many couples in Ontario live together without getting legally married—but that does not mean the law treats them the same as married spouses. In fact, “common law marriage” is one of the most misunderstood legal concepts in the province.

How does Ontario define a Common Law Relationship?

In Ontario, a common law relationship refers to two people who live together in a committed, conjugal relationship without being legally married.

You are generally considered common law if:

• You’ve lived together for at least 3 years, or
• You’ve lived together and have a child together in a relationship of some permanence.

A conjugal relationship typically involves shared finances, emotional commitment, and a shared household—as such, it is more than just living under the same roof.

One of the biggest misconceptions is that living together long enough makes you “basically married.” There is no such thing as automatic common law marriage in the same legal sense as a formal marriage. Even if you live together for decades, you do not gain the same legal rights as a married spouse.

The Key Differences between Common Law Couples and Legally Married Couples

1. Property Rights

This is the biggest difference—and the most surprising.

• Married couples are entitled to equal division of property after separation.
• Common law partners are not automatically entitled to share property.

In most cases, you leave the relationship with what is in your name, unless you can prove a legal claim (like unjust enrichment).

2. The Family Home

If you are married, both spouses have equal rights to the matrimonial home—even if only one person owns it.

If you are common law, you only have rights if your name is on the title.

3. Inheritance Rights

If your partner dies without a will:

• Married spouses have automatic inheritance rights.
• Common law partners do not.

An interesting case in British Columbia highlighted and brought into question if a party could have property claims even as a common law spouse if they were living in a “marriage-like relationship”. In the case of Kiss v. Leung, 2024 BCSC 2335, Mr. Kiss made claims to family property based on an alleged marriage-like relationship. The court examined joint accounts, rental agreements, business partners, and the dog among other factors. Despite the court’s investigation into the alleged marriage-like relationship, it was still determined that Mr. Kiss did not prove sufficient enough evidence to support he had a right to the property or the dog.

It is important to understand the difference between common law relationships and marriage, particularly when making financial decisions as a couple. Feel free to contact SMP Law to discuss your rights within your relationship.

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