Common-Law vs Married in Ontario: Home & Property Rights Explained

A persistent myth in Ontario is that living together for a certain number of years makes a common-law couple “basically the same” as married. Emotionally, maybe. Legally, not with respect to the home. Married spouses have special protections around the matrimonial home, including rules about possession and consent. Common-law partners don’t automatically get those rights. That doesn’t mean common-law partners are empty-handed—it means the path to fairness relies more on documentation, contributions, and clear agreements than on automatic entitlements.

To understand the difference in plain English: in a marriage, the family home sits in its own category. Even if only one spouse is on title, selling or mortgaging the matrimonial home generally requires the other spouse’s consent or a court’s say-so. In a common-law relationship, there isn’t the same built-in “stop sign.” Rights tend to come from whose name is on title and what each person can prove they contributed, or from agreements you made together. Because the starting point is different, the plan for a buy-out or sale needs to be more deliberate about evidence and timelines.

If you’re common-law and separating, begin with the paper trail. Gather proof of contributions: down payments, mortgage and property-tax payments, insurance, major renovations, and household purchases tied to the property. Note who paid what, when, and from which account. If one of you wants to stay, a buy-out can be efficient, but only with a realistic appraisal, a workable financing plan, and a written timeline that names dates for approval, transfer, and move-out. People get stuck when good intentions aren’t paired with calendar commitments; life reorganizes more easily around real milestones than around “soon.”

If you’ll be listing the property together, treat process as your anchor. Use one shared email thread for all updates so information flows to both of you at the same time. Agree in writing to showing windows that respect work schedules, kids, pets, or tenants. Ground your list price in very recent comparable sales and active competition, not in last spring’s headlines or a neighbour’s story. When offers arrive, ask your realtor to circulate the full documents to both of you simultaneously and include a short summary that compares price, deposit, conditions, closing date, and inclusions. That side-by-side view helps you evaluate strength—not just the top-line price—when time is tight.

Because the legal starting points differ, it’s wise to make short, practical agreements about access and money before the sign goes up. Who can be in the home, and when? Who approves price changes? Where will the sale proceeds sit after closing while any property questions are settled? When property claims are unsettled, it’s common to hold proceeds in a lawyer’s trust account until an agreement or order directs distribution. That approach lets the sale move forward without forcing either person to give up their position too soon. It also reassures buyers and lenders that your closing won’t wobble at the finish line.

Marketing and negotiation look the same for married and common-law couples because buyers care about value, not your status. Present cleanly, price to today’s market, and remove friction wherever you can. Condo sellers should request the status certificate early and be ready to explain fees and amenities. Freehold sellers should highlight mechanical updates, parking, roofs and windows, and outdoor space. Rural or cottage properties often benefit from upfront well, septic, water quality, or shoreline details. When your listing answers the questions buyers and lenders are going to ask anyway, you get faster, cleaner offers—and fewer second thoughts.

If one person is on title and the other is not, day-to-day access can be sensitive. You don’t need to solve every legal question to sell well, but you do need clarity about keys, showing rules, and personal items. Agree on what can be photographed, what must be stored, and who will be present (or not) during showings. If emotions are running high, consider scheduling blocks when neither of you is at home and the agent handles access with a lockbox. Buyers read the room; calm, predictable access signals a well-managed sale and protects your price.

Money conversations tend to go better when they’re grounded in a shared worksheet rather than memories. If you’re exploring a buy-out, put the numbers on paper: fair market value from an appraisal, less mortgage and line-of-credit pay-outs, plus or minus agreed adjustments for recent major improvements. If you’re listing instead, decide in advance how you’ll handle smaller shared costs (cleaning, paint touch-ups, minor repairs, photography, a floor plan) and how you’ll reimburse them from the proceeds so no one feels nickeled-and-dimed mid-listing. A couple of tidy paragraphs in a shared document can prevent a month of back-and-forth later.

Here’s a simple, non-legal scenario to show how structure helps. Alex and Jordan bought a detached house together as common-law partners, but only Alex is on title. They separate. Jordan can document years of mortgage and tax contributions and wants to be treated fairly. They decide to sell. Before listing, they sign a brief process note: a shared email thread for updates; showing windows from noon to 7 p.m.; a pricing plan based on the three most comparable sales within the past 60 days; full offers circulated to both at the same time; counters approved in writing; and proceeds to be held in trust on closing while their lawyers finalize distribution. They list cleanly, price to today, and get two strong offers in week one. Because their rules are clear, decisions are quick, and they spend their energy on the negotiation instead of on each other.

Finally, protect goodwill while you protect rights. Many common-law disputes balloon because people are guessing about information or making verbal decisions that no one can verify later. Keep approvals and counters in writing. Summarize changes to price or terms in the shared thread so there’s a single source of truth. If you can’t agree on a response, pause and get advice rather than forcing an answer either of you will regret. Calm structure won’t erase the emotions of a separation, but it gives both of you a fair shot at your next chapter—and it gives the market what it needs to reward your home on its merits.

Information only—Ontario-specific. Please obtain legal advice for your situation.