Property Rights in Common-Law Relationships: Can an Owning Partner Legally Remove Their Long-Term Common-Law Spouse?

In Ontario, the legal distinctions between common-law relationships and marriages are significant, particularly when it comes to property rights and the concept of a matrimonial home. Unlike married couples, common-law partners do not share the same rights to property, including the home they may share. This legal framework raises critical questions about the ability of one common-law partner to remove the other from a home that one partner solely owns.

Property Ownership and Rights in Common-Law Relationships

Under Ontario law, common-law couples are treated differently from married couples regarding property rights. Specifically, there is no concept of a “matrimonial home” in a common-law relationship. This means that if one partner owns the home, the other partner does not automatically have a right to remain in that property, even if they have lived there for an extended period.

Unlike married couples, where both spouses have equal rights to stay in the matrimonial home, regardless of whose name is on the title, common-law partners are not afforded the same protection. A common-law partner who owns the home can legally ask the non-owning partner to leave, as they do not share legal ownership of the property.

Legal Protections for Common-Law Partners

While common-law partners do not have the same property rights as married couples, there are some legal protections available. One such protection is the ability to seek a Family Law Restraining Order. However, it is important to note that even with a restraining order in place, the non-owning partner may not be able to remain in the home. A restraining order might not prevent the owning partner from applying to the Landlord and Tenant Board to have the non-owning partner removed from the property.

Judges may be hesitant to grant restraining orders that prevent an owning partner from accessing their property. Therefore, while a restraining order can provide some level of protection, it does not guarantee that a non-owning partner can stay in the home.

Financial Considerations and Spousal Support

If a common-law partner is forced to leave the home and is financially dependent on the owning partner, the court may step in to address financial issues. In such cases, a judge may award spousal support to the non-owning partner to ensure their lifestyle is not drastically altered. This is particularly likely if the relationship has been long-term and the non-owning partner relied on the owning partner for financial support.

Spousal support in common-law relationships can be a complicated matter, and the outcome will depend on the specific circumstances of the case. It is advisable for anyone in this situation to consult with a family law lawyer to understand their rights and the potential for receiving spousal support.

Claiming Ownership of the Home

In some cases, a non-owning common-law partner may attempt to claim partial ownership of the home, particularly if they have contributed to the mortgage, upkeep, or other financial aspects of the property over an extended period.

To pursue such a claim, it is essential to seek legal advice from a qualified family lawyer who can assess the details of the relationship and property contributions.

Conclusion

The legal landscape for common-law partners in Ontario is complex, particularly when it comes to property rights and the ability of one partner to remove the other from a home. Common-law partners do not have the same rights as married couples, and the owning partner generally has the right to ask the non-owning partner to leave. However, there are legal avenues, such as restraining orders and spousal support, that can provide some protection and financial assistance.

Given the intricacies of these legal issues, it is crucial for individuals in common-law relationships to seek legal counsel to understand their rights and explore all possible options.

Learn more about how we can assist you in common law matters or contact us to schedule a consultation and discuss your specific situation in detail.