Common Law Separation

Family Law · Common-Law Separation

Common-Law Separation

Last updated: June 2026

Common-Law Separation is the legal process through which unmarried partners in Ontario end their relationship and resolve issues relating to property, child support, spousal support, parenting arrangements, and other financial matters arising from the breakdown of the relationship. Whether you're in Toronto, Markham, North York or elsewhere in Ontario, these legal principles apply province-wide.

Who This Is For

Common-law partners separated or planning to separate Couples who lived together 3+ years Couples with a child together Parents needing parenting/child support arrangements Joint homeowners Spousal support claimants or respondents Assets located in China or abroad

Key Legal Points

What counts as a "common-law relationship" in Ontario?

For many family law purposes, partners are considered common-law spouses if they have lived together continuously for at least three years, or if they have a child together and have lived in a relationship of some permanence. The exact legal definition can vary depending on the issue — family law, taxation, pensions, and government benefits each apply their own threshold — so it's important to get legal advice on whether a common-law relationship exists in your situation.

Common-law partners do not need a divorce

Unlike married spouses, common-law partners don't need a divorce order to end their relationship. A common-law relationship generally ends once the parties separate and at least one person intends to permanently end it — no court order is required to legally "terminate" it.

Property rights are very different from married couples

One of the biggest misconceptions in Ontario family law is that common-law partners share the same property rights as married spouses. They don't. Married spouses are entitled to equalization of net family property under Part I of the Family Law Act — common-law partners have no automatic right to equalization, no matter how long they lived together. Instead, property disputes are determined by legal ownership and, where appropriate, claims such as unjust enrichment, resulting trust, or constructive trust.

📎 Family Law Act, s.29 (Ontario e-Laws)

Common-law partners may still have spousal support rights

Although common-law partners don't get equalization, they may still be entitled to spousal support. Eligibility depends on factors including:

Length of the relationship
Financial dependence during the relationship
Economic advantages or disadvantages arising from it
Each partner's role during cohabitation

Whether support is payable — and how much — depends on the facts of each case.

Children have the same rights regardless of their parents' marital status

A child's legal rights don't depend on whether the parents were married. Parents may still need to address child support, parenting time, decision-making responsibility, and special or extraordinary expenses — the court applies the same child-focused principles either way.

📎 Federal Child Support Guidelines (Department of Justice Canada)

What Happens to the House After Separation?

The outcome depends on legal ownership, the contributions each party made, and the specific facts of the case. Even if the home is registered in only one partner's name, the other partner may still have a potential claim in certain circumstances — including claims based on unjust enrichment or constructive trust. The leading Supreme Court of Canada authority on these claims for unmarried couples is Kerr v. Baranow, which clarified how courts assess each partner's contributions when there's no automatic property-sharing right.

📎 Kerr v. Baranow, 2011 SCC 10 (CanLII)

How Mia He Approaches Your Case

Mia

Miao (Mia) He

LSO #83315K · Dual-Licensed Canada & China

Mia He assists clients in both Mandarin and English and is licensed in both Ontario and China — making her especially well suited to help Chinese-speaking clients and families with cross-border legal issues.

Before accepting a retainer, she carefully reviews the history of the relationship, the ownership of assets, each party's financial circumstances, and any support issues that may arise following separation — then provides a practical assessment of the strengths, risks, and likely outcomes of your case.

Common-law separation disputes often involve complex questions of property ownership and financial contributions. Mia He regularly assists clients with:

Property ownership disputes Unjust enrichment claims Constructive trust claims Spousal support claims Child support disputes Parenting arrangements Separation agreements Cross-border assets in China

Her "Smart Advocacy" approach focuses on resolving disputes efficiently wherever possible, while remaining fully prepared to litigate when necessary to protect a client's interests.

Frequently Asked Questions

Do common-law partners need a divorce?

No. Only legally married spouses require a divorce order. Common-law partners simply separate when the relationship ends.

How long do we need to live together before becoming common-law?

For many Ontario family law purposes, partners become common-law spouses after living together continuously for at least three years — or sooner if they have a child together and live in a relationship of some permanence.

Do common-law partners have property equalization rights?

Generally, no. Unlike married spouses, common-law partners are not entitled to equalization of net family property under the Family Law Act. Property disputes are usually determined based on ownership and equitable claims such as unjust enrichment or constructive trust.

Can a common-law partner claim spousal support?

Yes — if the legal requirements are met. Factors such as the length of the relationship, financial dependence, and each partner's role during the relationship may be relevant.

What happens to the house after separation?

The outcome depends on ownership, each party's contributions, and the specific facts of the case. If only one party is on title, the other may still have a potential claim in certain circumstances, including claims based on unjust enrichment or constructive trust.

How We Handle These Cases

Every common-law separation case turns on its own facts — particularly where property ownership and financial contributions are disputed. Mia He assists clients in negotiating separation agreements and resolving complex disputes involving property ownership, support obligations, and cross-border assets. Where settlement isn't possible, she advances clients' interests through mediation, motions, and litigation before the Ontario courts.

Areas We Serve

We provide common-law separation legal services to clients throughout Ontario, including:

Toronto Markham Richmond Hill Vaughan North York Scarborough Mississauga Ottawa Newmarket Brampton Oshawa Hamilton Kingston All Ontario

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Common Law Separation