Not married?

The short answer

In most of Canada, unmarried partners keep what is in their own name and share only what they own jointly. The exceptions matter: BC and Alberta now give long-term partners married-style property rights, Ontario relies on unjust enrichment claims, and Quebec gives de facto spouses almost nothing unless they have a child born since mid-2025. Debts follow the signature. Time limits are short in some provinces, so get advice early.

The most common surprise at the end of a common-law relationship is that the rules you assumed were there are not. You lived together for eight years, paid half the mortgage and raised children in the house, and now you are being told the house belongs to whoever is on title.

That is true in some provinces and not in others. This guide sets out what happens to property and debts for unmarried partners in Ontario, British Columbia, Alberta and Quebec, the time limits that apply, and how a written agreement changes the picture. It is general information, not legal advice; confirm your own position with a family lawyer where you live.

One distinction to hold onto throughout: property rights and support rights are different things. In most provinces, a partner with no claim to the other's property may still have a claim to spousal support, and child support is owed regardless of marital status.

Why married and unmarried couples are treated differently

Marriage triggers a statutory property regime: in Ontario, equalisation of net family property; in BC and Alberta, division of family property; in Quebec, the family patrimony. Those regimes were written for married spouses. Some provinces have since extended them to long-term unmarried partners. Others have not, and there an unmarried partner who wants a share of property in the other's name must claim under the general law of trusts and unjust enrichment. Where you live decides which set of rules you fall under.

Ontario: title rules, with an unjust enrichment safety valve

Steps to Justice, the Ontario public legal information service, puts the starting point plainly: unmarried partners generally keep what they owned before the relationship and what they received during it, and only property owned together is usually split. Legal Line adds that common-law spouses have no automatic right to equalise net family property and that, in most cases, both the family home and other property go to the person who is the owner. Unless both partners are on title, there is no equal right to stay in the home either.

Ontario does treat you as a spouse for support once you have lived together for at least three years, or for less time if you have a child together. So the three-year partner who cannot claim the house can still claim spousal support if the facts support it.

The exception: unjust enrichment and trust claims

If you contributed to property in your partner's name, you may have a claim. Steps to Justice describes the test for unjust enrichment: you must show that you contributed to the property, that your partner benefited from your contribution, and that there is no reason for your partner to keep that benefit. A resulting trust claim is the argument that property in your partner's name is really yours.

The leading case is Kerr v. Baranow, decided by the Supreme Court of Canada in 2011. It confirmed the three elements (an enrichment, a corresponding deprivation, and no juristic reason for it) and introduced the idea of a joint family venture. Whether a couple were in one is a question of fact, looked at through four lenses: mutual effort, economic integration, actual intent and priority of the family. Where a joint family venture existed and the claimant's contributions are linked to the wealth that built up, the court can award a share of that accumulated wealth proportionate to the contributions, rather than only paying back the value of services.

These claims are real, but they are not automatic, they turn on evidence, and they cost money to run.

Debts in Ontario

Each partner is usually responsible for their own debts unless an agreement says otherwise. If you both signed a loan, you can both be pursued for it. Steps to Justice is blunt: even if you did not benefit from the loan, you might have to repay it if your partner does not. See joint debt at separation for what to do about shared cards and lines of credit now.

Time limits in Ontario

Steps to Justice gives two limits for property claims by unmarried partners: two years after separation for property that is not real estate (a business interest, a vehicle, savings), and ten years after separation for real estate. A court can sometimes extend these, but do not plan on it. Property claims go to the Superior Court of Justice or its Family Court branch, not the Ontario Court of Justice.

BC is the clearest example of a province that extended married rules to unmarried couples. Legal Aid BC's guide, Living Together or Living Apart, explains that under the Family Law Act you are a spouse if you live with someone in a marriage-like relationship for at least two years, or have lived together for less than two years and have a child together.

The difference between those two routes matters. Partners of two years or more are spouses in all areas of family law, including spousal support and dividing property, debt and pensions. Partners of less than two years with a child are spouses for parenting, child support and spousal support, but not for division of property, debt or pensions.

How division works

For qualifying spouses, the law assumes all family property and family debt will be divided equally. An unequal split is only available where equal division would be significantly unfair, which Legal Aid BC notes is hard to prove. Excluded property, which includes what one spouse owned before the relationship and gifts and inheritances received during it, stays with that spouse, but any increase in its value during the relationship counts as family property and is shared. If your partner brought a condo into the relationship, the condo is theirs; the growth in its value since you moved in is on the table.

The BC time limit

Unmarried spouses must apply to the BC Supreme Court within two years of the date you separated. It is one of the shortest deadlines in Canadian family law. If you are approaching two years and nothing is signed, see a lawyer now. Our guide to why the separation date matters explains how to fix the date.

Alberta: adult interdependent partners under the Family Property Act

Alberta changed its rules for couples who separated on or after 1 January 2020. The Government of Alberta explains that the former Matrimonial Property Act became the Family Property Act and now covers both married spouses and adult interdependent partners.

You are an adult interdependent partner if you have lived together in a relationship of interdependence for a continuous period of at least three years, or in a relationship of some permanence (less than three years) if you have a child together, or if you have signed an adult interdependent partner agreement.

Unless partners make their own agreement, the Act's division rules apply to property obtained after the beginning of the relationship of interdependence. Partners can opt out with a written agreement, and the province recommends legal advice before doing so. Agreements that were enforceable under the old law when signed remain enforceable.

The Alberta time limit

An adult interdependent partner must make a property claim within two years from the date the applicant knew, or ought to have known, that the relationship had ended. As in BC, the clock is short and the end date is often disputed, so document it.

Quebec: de facto spouses, and the new parental union

Quebec has historically given de facto (common-law) spouses the least. The Government of Quebec's separation page states that when a de facto union breaks down, each de facto spouse keeps his or her own property; co-owned items have to be dealt with by agreement. A de facto union does not carry the protections of marriage or civil union, and the page lists the obligation of support and protection of the family residence among the protections that do not apply. Child support is owed regardless, because children have the same rights whether or not their parents are married.

The 2013 Supreme Court decision in Eric and Lola, summarised at the time on Slaw, confirmed that unmarried Quebec couples who split up are not entitled to spousal support or property sharing, and that the Civil Code's approach, though discriminatory, was a reasonable limit under the Charter.

What changed on 30 June 2025

Quebec's new parental union regime came into force on 30 June 2025. According to Éducaloi, it applies automatically to de facto couples with a child born or adopted on or after 30 June 2025. For those couples, a parental union patrimony is created, made up of the family residences, the furniture in them, and the vehicles used by the family. On separation, the value of those assets is generally divided equally. A compensatory allowance is now available to a partner who lost out financially while contributing to the other's gain, something previously open only to married and civil union spouses. A court can also let the parent who has custody stay temporarily in the family home, even if the other parent owns it.

Couples whose children were all born or adopted before that date are not covered automatically, but can opt in by a contract signed before a notary or two witnesses. Couples who are covered cannot opt out of the regime as a whole, but can agree to opt out of the patrimony by notarial act. The parental union does not create a spousal support obligation between the partners, and it does not touch property outside the patrimony, such as savings, investments or a business. For the rest, each keeps their own.

Other provinces

Each remaining province and territory draws its own line, and we have not set them out here because we could not verify every rule against an official source for this guide. Start with your provincial separation guide and confirm the current position with a lawyer in your province.

What an agreement changes

Everything above is the default. Two documents override it:

A cohabitation agreement, signed while you are together, sets out what each of you brought in, what you will share and what happens if you separate. Steps to Justice advises separating couples to check whether one exists, because some couples simply apply its terms. If you are moving in with someone new, see the Cohabitation Agreement Builder.
A separation agreement, signed after you split, records what you have agreed about property, debts, support and children. It replaces an uncertain trust claim with a signed deal, and in BC and Alberta it is also how you opt out of the default equal division if you both want something different.

Either agreement can be challenged later if one partner hid assets, did not understand it, or was pressured. Full financial disclosure and independent legal advice for each of you are what make it hold. Our guide to what makes a separation agreement binding covers this in detail, and FairWell Separation Agreement Prep helps you organise disclosure and terms before a lawyer reviews them.

What to do this month

Fix the separation date in writing. A dated email or text that says you consider the relationship over is enough to start. In BC and Alberta the two-year limit runs from this.
Find out whose name is on what. Title to the home, the mortgage, each account, vehicle, loan and credit card.
Gather proof of your contributions. Down payment transfers, mortgage and renovation payments, and a timeline of unpaid work if you are in a title-based province.
Separate joint debt exposure. Freeze or close joint cards and lines where you can; see joint debt at separation.
Ask about support separately from property. Use the calculators for a first look at child and spousal support ranges.
Book one consultation with a family lawyer in your province before any deadline is close. The directory lists lawyers and mediators by province.

A note for readers in the United States

The Canadian idea of a common-law partner does not translate to the US. According to the National Conference of State Legislatures, common law marriage is allowed in a minority of states. NCSL lists Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas and Utah as states with common law marriage, notes that Rhode Island recognises it through case law and that Oklahoma's courts have upheld it despite a licensing statute, and lists six states (Pennsylvania, Ohio, Indiana, Georgia, Florida and Alabama) that abolished it while still recognising marriages formed before abolition. Where a common law marriage is recognised, the couple is married for all purposes, including divorce. Everywhere else, living together does not make you married, however long it lasts, and unmarried partners generally rely on title, joint ownership and ordinary contract or trust claims. The rules vary by state, so get advice where you live. FairWell's US property division guide covers married couples.

This guide is general information, not legal advice. Family law differs by province and changes over time. Confirm your position with a lawyer in your province before relying on it.

Sources

Common questions

We lived together for ten years in Ontario. Do I get half the house?

Not automatically. In Ontario, property stays with the owner on title unless you can show unjust enrichment or a trust claim based on your contributions. You may still qualify for spousal support, which is a separate question. A lawyer can assess how strong a property claim would be on your facts.

How long do I have to make a property claim after a common-law separation?

It depends on the province. Legal Aid BC says unmarried spouses in BC must apply within two years of separation. Alberta gives adult interdependent partners two years from when they knew or ought to have known the relationship had ended. Steps to Justice gives Ontario limits of two years for property that is not real estate and ten years for real estate. Confirm the limit for your province early.

Am I responsible for my partner's debts?

Generally only for debts you signed for. If you co-signed a loan or are a joint cardholder, the lender can pursue you for the whole balance even if you did not benefit from it. Debts in your partner's sole name stay theirs unless an agreement says otherwise.

Does the new Quebec parental union apply to us?

It applies automatically only to de facto couples with a child born or adopted on or after 30 June 2025. Couples whose children were born earlier can opt in by a contract signed before a notary or two witnesses. It covers the family home, furniture and family vehicles, not savings or a business, and it does not create spousal support between the partners.

Can a cohabitation or separation agreement change these rules?

Yes. A valid agreement replaces the default rules with what you have agreed, which is why couples in title-based provinces often prefer a signed deal to an uncertain trust claim. To hold up, it needs full financial disclosure, independent legal advice for each of you and no pressure.

Put the deal in writing before a deadline does it for you

FairWell Separation Agreement Prep helps common-law partners organise disclosure, property, debts and support into a document a lawyer in your province can review. It is preparation for professional review, not a substitute for it.

Start your separation agreement

This guide is general information for parents, not medical, psychological or legal advice. It draws on published research and guidance from recognised health and family justice bodies, listed under Sources. Every child and family is different. If you are worried about your child or yourself, talk to your family doctor or a qualified professional. FairWell can help you find one through the professional directory. How we write and check our guides.