Living together in Ontario without the formal bonds of marriage can have significant legal implications. This unique legal status is commonly referred to as a common law relationship. While it might seem akin to being married in many aspects, it’s important to understand that common law unions come with distinct rules and regulations. This article delves into the intricacies of Common Law Ontario, explaining what it is, who qualifies, and how it differs from traditional marriages.
What is Common Law in Ontario?
Common Law Ontario refers to a legal relationship between two individuals who cohabit in a marriage-like arrangement without the formalization of marriage through a wedding ceremony or legal documentation. Despite the absence of a marriage certificate, the law recognizes common law couples as having certain rights and responsibilities similar to those of married couples. These responsibilities encompass various aspects of life, including sharing a residence, financial obligations, emotional connections, and even sexual ties, just as a legally married couple would.
However, it is essential to note that the specific requirements and legal implications of a common law relationship can vary between jurisdictions and may evolve over time. In essence, common law Ontario is a situation where two individuals live together as a couple without the legal bonds of marriage, yet the law acknowledges their partnership and affords them certain rights and responsibilities.
What Makes You Common Law Ontario?
In the province of Ontario, you are officially considered to be in a common law relationship if you meet one of the following two criteria:
- You have been living together in a marriage-like arrangement for a minimum of three years.
- You are cohabiting, have a child together (whether born or adopted), and have been doing so for at least one year.
It’s important to clarify that “living together” entails more than simply sharing the same address. It implies a genuine partnership where both individuals share a home, financial responsibilities, friends, and often an emotional bond. Therefore, if you and a friend decide to become roommates and share an apartment, you will not inadvertently become common law spouses.
What’s the Big Difference From Being Married?
While common law relationships share many similarities with traditional marriages, there are significant differences that couples should be aware of. In a marriage, the law generally treats both partners as a cohesive unit, where assets and responsibilities are shared. However, in a common law Ontario relationship, the approach is somewhat distinct.
In a marriage, the principle of “what’s mine is yours” often applies, particularly concerning property and finances. Married couples typically share ownership of assets, regardless of who acquired them. Conversely, in a common law relationship, the concept is more akin to “what’s mine is mine, and what’s yours is yours.” In simpler terms, assets acquired individually are not automatically considered shared property.
When It Comes To Money and Stuff
Financial matters in common law Ontario relationships can be complex, especially when it comes to asset division and spousal support. Unlike in marriages, where there are established procedures for asset division and spousal support, common law couples need to address these matters through special agreements. These agreements function as legally binding promises on paper and stipulate how assets will be divided and whether spousal support will be provided in the event the relationship ends.
What Happens If Someone Leaves The Game?
One of the challenging aspects of discussing common law Ontario relationships is addressing what happens in the unfortunate event that one partner passes away. In a legal marriage, surviving spouses typically have certain entitlements to the deceased partner’s assets, even without a specific mention in a will. However, the situation is more complicated for common law couples.
In common law Ontario, if your partner does not leave a will, you might not automatically inherit any of their assets, regardless of the duration of your relationship. This might seem unfair, but it underscores the importance of creating a clear and legally binding will to ensure your partner’s wishes are upheld after their passing.
Can a Common Law Relationship Change What’s Written In a Will in Ontario?
In Ontario, when a married spouse passes away, the surviving spouse is usually recognized as the closest family member. This legal recognition gives them certain rights and entitlements, including the ability to challenge a will. However, common law partners in Ontario do not receive the same level of legal recognition.
In cases where a common-law partner passes away without leaving a will, the surviving partner is not automatically included in the official legal processes that follow, including will contests. Only married partners, children, and individuals explicitly mentioned in the will itself have the legal standing to contest it. Common law partners, in the eyes of Ontario’s courts, are not considered “married,” which means they do not have the legal authority to challenge a will.
What if a Common-law Partner Passes Away Without a Will in Ontario?
When a person in a common law Ontario relationship passes away without a will, specific rules known as intestacy rules come into play to determine the distribution of assets. However, these rules do not operate in the same way for common law couples as they do for married couples.
In the case of a common law partner’s passing, the surviving partner often becomes the sole owner of any jointly owned assets, including bank accounts or jointly owned property. Additionally, if the deceased partner had life insurance policies or investments with designated beneficiaries, these typically go to the surviving partner.
However, here is the key distinction from married couples: in common law Ontario, automatic inheritance does not occur if a will is absent. Instead, for a common law partner to inherit their deceased partner’s assets, a legally binding will is required.
Without a will, the deceased partner’s assets are typically distributed among their closest family members, such as parents, siblings, or other blood relatives. In cases where no immediate family exists, the government may step in to claim the assets.
So, What’s The Bottom Line?
Living together in Ontario as a common law couple is akin to writing your unique story, complete with a distinctive set of legal rules. While you may not be married in the traditional sense, it’s crucial to recognize that your relationship carries significant legal weight.
To ensure that your relationship aligns with your vision and to avoid potential future complications, it is essential to take proactive steps. Creating a will is a vital measure to guarantee that your partner inherits your shared assets and that your wishes are respected, even in your absence.
In essence, writing a will is akin to handing your partner a map to all the treasures you’ve accumulated together, ensuring that your story ends in a manner that reflects your desires. So, whether you’re enjoying cozy moments on the couch with your loved one or contemplating unique burial arrangements with your best friend, taking the time to understand common law Ontario relationships can save you and your partner from future legal complexities, allowing you to fully savor your relationship journey.
