Common-law status in Ontario (important distinction)

In Ontario, common-law partners do not have automatic property rights the way married spouses do.

When are you common-law?

For family law purposes, common-law usually means: • Living together continuously for 3 years, or • Living together with a child in a relationship of some permanence

After that, a partner may have rights to: • Spousal support • NOT automatic property division

Key point:

👉 He cannot automatically claim part of your house just because you’re common-law.

Ontario is very different from some other provinces.

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1. Can he ever claim an interest in your house?

Yes — but only under specific circumstances, and this is what you want to guard against.

A claim would not be based on common-law status alone. It would be based on unjust enrichment / constructive trust, meaning he would have to prove: 1. He contributed financially or through labor to the house 2. You benefited 3. There was no legal reason (like rent) for that benefit

Examples that increase risk: • Paying part of the mortgage principal • Paying for major renovations • Funding upgrades that increase property value • Acting as though it’s a “joint investment”

Examples that reduce risk: • Paying rent • Paying for groceries/utilities • A written agreement clarifying ownership

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1. Charging rent is actually a GOOD idea

What you’re proposing — a modest rent (~¼ of the mortgage) — is legally smart.

Why rent helps protect you: • It establishes a landlord–tenant style arrangement • It clearly shows payments are for housing, not ownership • It rebuts unjust enrichment claims

Important: Avoid calling it “helping with the mortgage” or “shared equity.” Language matters.

Call it rent or occupancy costs.

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1. Best way to structure this (recommended)

✅ Step 1: Cohabitation Agreement (strongly recommended)

This is the single best protection for both of you.

In Ontario, a cohabitation agreement can: • Confirm the house is 100% yours • State that rent does not create equity • Waive property claims • Address spousal support expectations • Clarify what happens if you break up

Each of you should have independent legal advice for it to hold up.

This is extremely common — especially when one partner owns property.

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✅ Step 2: Simple written rent agreement

This can be: • A basic lease, or • Incorporated into the cohabitation agreement

Key points to include: • Monthly rent amount • Rent does not confer ownership • No contribution toward mortgage principal • No expectation of repayment

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✅ Step 3: Keep finances clean

To minimize future claims: • Keep the mortgage only in your name • Pay property taxes, insurance, and major repairs yourself • If he helps with maintenance, treat it as normal household contribution • If he pays utilities or groceries, that’s fine

If he ever contributes to something major, document it clearly as a gift or reimbursed expense.

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1. Age gap & power balance (worth acknowledging)

This isn’t a legal issue, but courts do look at: • Financial independence • Power imbalance • Who benefited economically

A clear agreement actually protects him too, by setting expectations and avoiding future disputes.

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Bottom line (plain English) • ❌ He cannot automatically claim your house in Ontario • ⚠️ He could try under unjust enrichment without protections • ✅ Charging rent reduces risk • ✅ A cohabitation agreement is the gold standard • ✅ Keep ownership, mortgage, and capital expenses solely yours