COMMON LAW

What Is a Common Law Relationship in Ontario?

​

In Ontario, a common law relationship is defined by cohabitation in a conjugal relationship for:

• At least three years, or

• One year if you share a biological or adopted child

While common law partners do not have the same legal status as married couples in many areas—particularly regarding property division—there are important legal rights and responsibilities that apply. Understanding these differences is essential for protecting your interests.

​

​

Key Legal Issues for Common Law Couples

​

1. Cohabitation Agreements: Proactive Legal Planning

​

Unlike married couples, common law partners do not have automatic rights to each other’s property upon separation. A cohabitation agreement allows you to:

• Clarify property ownership

• Define financial responsibilities

• Establish terms for spousal support if the relationship ends

Our lawyers draft legally enforceable agreements tailored to your relationship and long-term goals, providing clarity and peace of mind.

​

2. Property Rights and Division: Navigating Complex Claims

​

In common law relationships, there is no automatic property equalization. However, one partner may make a trust claim (e.g., constructive or resulting trust) to seek compensation for contributions made to the other’s property.

TMB Law can assess your situation and advocate for a fair outcome, whether through negotiation or court action.

​

3. Parenting and Child Support: Protecting Children’s Best Interests

​

Common law parents have the same legal rights and responsibilities as married parents. We provide guidance on:

• Decision-making responsibility and parenting time

• Child support obligations under the Child Support Guidelines

• Guardianship and parental rights

Our priority is ensuring your children’s well-being through balanced and child-focused legal solutions.

​

4. Separation and Dispute Resolution: Thoughtful Legal Support

​

Ending a common law relationship can raise complex legal and emotional challenges. At TMB Law, we offer:

• Mediation and collaborative law to reduce conflict

• Court representation when litigation is necessary

• Legal strategies focused on preserving dignity and minimizing disruption

We tailor our approach to fit the needs of each client and case.

​

5. Estate Planning: Securing Your Future

​

Common law partners do not automatically inherit from one another without a valid will. Our legal team helps common law couples with:

• Wills and estate planning

• Powers of attorney

• Succession planning

These documents ensure that your partner is legally protected and your wishes are upheld in the event of death or incapacity.

 

Why Choose TMB Law?

​

TMB Law is proud to serve common law couples across Ontario, including Oshawa, Whitby, Durham Region, and the Greater Toronto Area. Our lawyers bring compassion, expertise, and a practical understanding of the legal landscape that affects your relationship and your rights.

 

We create a supportive and inclusive space where your concerns are heard and your interests prioritized.

 

Contact Us Today

​

If you're in a common law relationship and need legal guidance—whether you're planning ahead or facing a separation—TMB Law is here to help. Contact us through our website or call our office to schedule a confidential consultation, in person or via Zoom.

​

Let our experienced family law team help you navigate the complexities of Ontario’s legal system with clarity and confidence.