A common misconception in Mississauga is that living together guarantees the same rights as marriage. In Ontario, you are considered in a common law relationship if you’ve lived together in a conjugal relationship for at least three years, or if you have a child together and live in a relationship of some permanence. However, the rights of common law spouses are significantly different from those who are legally married, particularly when it comes to property and financial support.
Property Rights: Why You May Not Own What You Think
The biggest legal difference between common law and marriage in Ontario is the division of property. In a divorce, married spouses are entitled to an equal share of assets acquired during the marriage. Common law spouses do not have the same entitlement. If your partner owns the house you live in, you may not have any legal right to it—even if you’ve lived there for years.
That said, if you contributed to the property (through mortgage payments, renovations, or upkeep), you might be able to claim a share through constructive trust or unjust enrichment. A qualified family law lawyer near me can help build a legal case to support your claim.
Do Common Law Spouses Receive Spousal Support?
Yes, in many cases they do. If you were financially dependent on your partner and the relationship meets the threshold, you may be entitled to spousal support. Courts consider:
The length of your relationship
Whether you sacrificed a career or education
The difference in income and earning potential
An experienced family divorce lawyer in Mississauga can evaluate your eligibility and guide you through the legal process.
Child Custody and Parenting Rights
When it comes to children, common law and married parents have equal legal responsibilities. Custody, access (now called parenting time), and decision-making are determined by what’s in the best interests of the child. Regardless of your marital status, both parents are expected to contribute emotionally and financially.
Why Choose a Family Lawyer in Mississauga?
Laws vary not just provincially but in how they're interpreted locally. A family lawyer in Mississauga Ontario understands how Peel Region courts handle common law disputes, which can make a big difference in the outcome of your case.
Going through a common law separation? Protect your rights and future. Speak with trusted family lawyers Mississauga Ontario today and get the legal clarity and representation you deserve.