Determining if you or a co-owner has lived with a partner for more than three years

What do you need to know?

Whether or not an individual lives with a partner can help to determine if they are living in common law. If they have lived with a partner continuously for more than three years, they are considered to be common law by the province of Ontario. During this time, they must have been living together in the same home, combined efforts to manage the household, and been in a conjugal relationship. According to the Government of Canada, a conjugal relationship is one of some permanence, when two individuals are interdependent – financially, socially, emotionally and physically.

Why does it matter to Ownright?

To determine legal entitlement to the property in question, we ask questions to determine if our clients have a partner, how long they have lived with that partner, and if they and their partner have a child together. These questions are all designed to determine if they are living in common law. Common law partners may have a claim to the property so if they are not going to be on title (for a purchase) or are not currently on title (for a sale), we will direct them to seek independent legal advice so their interests are considered by an unbiased party.