Common Law Relationship Rights in Mississauga – A Complete Guide
Common law relationships are becoming increasingly common in Mississauga and across Ontario. Many couples choose to live together without getting married, but the legal rights of common law partners differ significantly from those of married couples.
This guide explains everything you need to know about common law rights in Mississauga—from property and financial rights to support obligations, children’s rights, and estate planning.
Table of Contents
What is a Common Law Relationship in Ontario?
Defined under the Family Law Act of Ontario … (intro shortened for HTML, paste your full text here).
- 3 years of continuous cohabitation, or
- A relationship of permanence with a child
Key Point: Common law partners are not the same as married spouses. They get limited recognition depending on the issue (tax, support, property, etc.).
Property Rights for Common Law Couples in Mississauga
Unlike married couples, common law partners in Ontario do not have automatic property division rights…
Alternative Legal Remedies
- Constructive Trust
- Resulting Trust
- Unjust Enrichment
Tip: Draft a cohabitation agreement or register assets under joint ownership to avoid disputes.
Spousal & Child Support in Common Law Relationships
Common law partners may qualify for spousal support if:
- Lived together for 3+ years
- Have a child together
Child Support: Same rules as married couples under Federal Guidelines.
Rights Regarding Children
Both parents have equal rights and responsibilities regardless of marital status…
Financial & Tax Obligations
For tax purposes, common law partners are considered spouses after 12 months of cohabitation or if they share a child…
Estate & Inheritance Rights
⚠️ No automatic inheritance rights. If a partner dies without a will, the survivor may get nothing…
Cohabitation Agreements
A cohabitation agreement can protect property and financial rights…
Ending Common Law Relationships
No formal divorce process, but partners must resolve property, support, and parenting issues…
Common Misconceptions
- ❌ Living together = marriage rights (false)
- ❌ 7-year rule (myth)
- ❌ Automatic inheritance (not true)
Frequently Asked Questions (FAQs)
Do common law partners have the same rights as married couples in Ontario?
No. Common law partners do not have automatic rights to property division or inheritance like married spouses do.
How long do you have to live together to be considered common law in Mississauga?
3 years of continuous cohabitation, or less if you share a child together.
Can common law partners inherit property automatically?
No. Without a will, common law partners do not automatically inherit their partner’s estate in Ontario.
Conclusion
If you’re in a common law relationship in Mississauga, it’s important to understand that your rights are limited compared to married couples.
Proper planning, legal agreements, and estate planning are essential for protection. Always consult a family lawyer in Mississauga for guidance.