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Common-Law Rights Calculator (Ontario)

Enter details about your relationship and finances to get an educational estimate of how common-law property and support rights might generally apply in Ontario.

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BA, JD Site Managed by Ryan Manilla
15+ yrs At Ontario Bar

This tool provides an informational estimate only, not legal advice. It does not produce a binding legal result, replace advice from a qualified lawyer, guarantee what a court might order, or create a legally enforceable agreement. Your real situation may involve factors this tool cannot account for.

About This Tool

This calculator gives a general, educational estimate of how common-law property and support rights might generally apply in Ontario, since common-law partners are treated quite differently from married spouses under the law.

Unlike married spouses, common-law partners in Ontario generally do not share an automatic right to equal division of property under the Family Law Act's equalization scheme — property generally stays with whoever holds it, subject to other legal doctrines such as unjust enrichment or a constructive trust claim. This tool cannot capture every nuance of those doctrines or how a court might weigh them in a specific case.

It also cannot account for a cohabitation agreement that may already set out different terms between partners, or for spousal-support eligibility, which follows its own separate rules. See the guides linked below for the full picture.

Highly searched questions

Frequently Asked Questions About the Common-Law Rights Calculator

Answers to the questions people ask most often about this tool — general information only, not legal advice.

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

Ontario law generally looks at how long a couple has lived together in a marriage-like relationship, among other factors, and different statutes can define it slightly differently for different purposes. See Common-Law Relationships for a fuller explanation.

02 Do common-law partners split property equally like married couples?

Generally, no. Married spouses share in an equalization scheme under the Family Law Act, but common-law partners generally do not — property generally stays with whoever holds it, subject to claims like unjust enrichment. See Common-Law Property Rights.

03 Can this calculator tell me if I qualify for spousal support?

Not precisely. Spousal support eligibility for common-law partners follows its own separate test from property division. Use the Spousal Support Assessment Wizard for that question specifically.

04 What is a constructive trust or unjust enrichment claim?

These are legal doctrines a common-law partner may use to claim a share of property they contributed to, even without an automatic equalization right. They involve fact-specific legal tests that this tool cannot evaluate — a lawyer can assess whether one might apply to you.

05 Does living together for a certain number of years automatically create property rights?

Not on its own. The length of cohabitation is one factor courts and statutes consider, but it does not by itself create the same automatic property-sharing rights that marriage does in Ontario.

06 Can a cohabitation agreement change these results?

Yes. A written cohabitation agreement can set out different terms than the general default rules this tool assumes. See Cohabitation Agreements and Marriage Contracts and Cohabitation Agreements in Ontario.

07 Does this tool apply to same-sex common-law couples?

Yes. Ontario family law generally applies the same common-law relationship rules regardless of the partners' gender or sexual orientation.

08 What happens to a shared home if we're common-law and separate?

The matrimonial home's special legal protections generally apply only to married spouses, not common-law partners. A jointly-owned home is still typically dealt with under general property law. See The Matrimonial Home.

09 Is common-law separation the same process as divorce?

No. There is no divorce process for common-law partners since they were never legally married — ending the relationship is simply a separation, though property, support and parenting issues can still need to be resolved.

10 What should I do after using this calculator?

Use the result as a general orientation only. Because common-law property rights depend heavily on case-specific facts and legal doctrines, speaking with a family lawyer is generally the best next step.

Free Consultation Available
BA, JD Site Managed by Ryan Manilla
15+ yrs At Ontario Bar
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Speak With an Ontario Family Lawyer

If you have family-law related questions and would like to speak to an Ontario family lawyer for a 30-minute free consultation, please fill out this form.

Submitting this form does not create a lawyer-client relationship. A participating Ontario family lawyer will contact you to arrange your free 30-minute consultation.