LGBTQ2S+ Common-Law Couples in Ontario: Planning Around the Differences

Common-law partnerships in Ontario don’t automatically carry the same property rights as marriage, and that includes LGBTQ2S+ couples. There is no special “common-law matrimonial home” protection by default. Instead, outcomes often turn on title, contributions, and the agreements you’ve made together. That can sound daunting, but it’s also empowering: with the right paper trail and a clear plan, a fair result is entirely achievable.

If you’re separating, start by gathering evidence of who paid what and when—down payments, mortgage and property-tax contributions, utility and insurance payments, and receipts for renovations and materials. Note the source accounts and dates. If one partner hopes to stay, a buy-out works best when anchored to appraisal-based value, lender-approved financing, and a written schedule for transfer and move-out. If you’ll be listing, adopt a neutral protocol that keeps both of you equally informed: one shared email thread for updates, showing windows that respect routines, a pricing plan grounded in very recent comparables, and offer handling where full documents go to both partners at the same time with short written summaries.

Because rights differ from marriage, it’s helpful to write down a short access and proceeds agreement before the sign goes up. Decide who has keys, when each person can be in the home, who approves price changes, and where sale proceeds will sit on closing while any claims are resolved—often a lawyer’s trust account. Buyers don’t need your private details; they need to know the file is organized and the closing is secure. That message is easier to deliver when your rules live on paper.

Choose professionals who are explicitly LGBTQ2S+-affirming and neutral. You shouldn’t have to explain your relationship structure or face assumptions about “who the real client is.” Ask your realtor how they’ll manage language, pronouns, and privacy in marketing and conversations. If safety is a concern, agree on photography boundaries, disable indoor cameras during showings, and keep personal identifiers out of the listing. A respectful, low-drama process protects both your dignity and your market result.

Negotiation is where structure pays off. When offers arrive, insist on simultaneity and clarity: full documents to both partners at the same time, with a concise comparison of price, deposit, conditions, closing, and inclusions. Approve counters in writing before they go out. If you disagree under time pressure, pause and consult counsel; serious buyers rarely disappear because you asked for a measured fifteen minutes.

You don’t need marriage to have a fair real-estate outcome. You need documentation, neutral process, and professionals who respect your relationship without making it the headline. With those in place, you can move from uncertainty to action and close the chapter with your rights—and your dignity—intact. Information only—Ontario-specific. Please obtain legal advice for your situation.