Frequently asked questions

For children: yes, entirely. For property: in most provinces, no. Common law partners in Ontario, Quebec, Nova Scotia, and several other provinces have no automatic right to share property held in their partner's name. BC, Alberta, Saskatchewan, and Manitoba are the main exceptions, providing marriage-like property division after meeting cohabitation thresholds.

No. Only married couples can divorce under the federal Divorce Act. Common law relationships end when the partners decide to separate — no court process or legal order is required. However, disputes about property, support, and children may still require court involvement through provincial family courts.

In most provinces, each partner keeps assets in their own name and jointly owned assets are divided according to ownership. To claim a share of property solely in a partner's name, the other partner must prove unjust enrichment — a complex legal claim requiring evidence of contribution, enrichment, and no legal justification for the imbalance. BC, Alberta, Saskatchewan, and Manitoba have automatic division rules for qualifying common law couples.

Yes, in most provinces — if you meet the eligibility threshold. This typically means three years of continuous cohabitation, or one year with a child together. Once eligible, support is calculated the same way as for married couples using the Spousal Support Advisory Guidelines. Quebec is the exception: common law partners there generally have no right to spousal support.

In provinces without automatic common law property division — including Ontario — the partner on title generally has the legal right to keep the home. The other partner may claim an interest through unjust enrichment if they contributed financially or through labour. In BC and Alberta, family homes are protected and divided like matrimonial homes regardless of title, once the cohabitation threshold is met.

Strongly yes — and more so than married couples, because they have fewer automatic legal protections. A written separation agreement addresses property, debts, support, parenting, and child support in a legally enforceable way. Verbal agreements are not enforceable. Without a written agreement, disputes may require expensive unjust enrichment litigation.

Identically to married couples. Child support is calculated using the Federal Child Support Guidelines based on the payor's income, number of children, and province. Parental marital status has no effect on child support obligations or either parent's rights.

In Ontario: 10 years for real property claims, 2 years for other property. Time limits vary by province. There is no limitation period for spousal support claims, but delays weaken your case — courts may find that a long-delayed claimant achieved financial self-sufficiency in the interim. Act promptly to preserve your rights.

If the home is solely in their name and you're in a province without automatic common law property rights, they legally can ask you to leave. Courts are reluctant to see this cause severe hardship, and you may apply for temporary possession if you have a spousal support claim. In BC and Alberta, this does not apply — family home protection is similar to that for married couples.