Cohabitation in Ontario

Introduction

In Ontario, cohabitation is defined as "to live together in a conjugal relationship, whether within or outside marriage.” This inclusive definition extends to same-sex couples as well. The Family Law Act (FLA) of Ontario provides certain guidelines to ascertain whether a couple is cohabiting. These guidelines encompass both apparent factors like living and sleeping together, and less evident ones such as the sharing of household tasks. The evaluation of cohabitation often hinges on a combination of these factors, making it a complex process that requires a nuanced understanding of the law.

Property Rights

Unlike their married counterparts, common-law spouses in Ontario do not have statutory property rights. Their potential claims are restricted to resulting and constructive trust claims. Here, the conventional trust principles come into play. The Supreme Court of Canada has proposed a direct economic approach for the analysis of these claims. The cornerstone of this approach is the test to determine unjust enrichment. According to the court, unjust enrichment is best characterized as “an unjust retention of an inappropriately disproportionate share of assets accumulated” during a relationship that is “a joint family venture to which both have contributed.” This test underscores the principle of equitable distribution of assets, taking into account the contributions made by both parties during the relationship.

Support Obligations

Part III of the FLA meticulously outlines the spousal support and child support rights and obligations. Importantly, this section applies equally to both married and unmarried couples. The law imposes a responsibility on parents to support a child who is a minor, enrolled in a full-time program of education, or unable to withdraw from the charge of his or her parents due to illness, disability, or other reasons. It's important to note that recent amendments to the FLA have extended the scope of child support to include all adult children with disabilities. This significant change underscores the commitment to ensure the welfare of children, irrespective of their age or marital status of their parents.

Cohabitation Agreements

Part IV of the FLA deals with domestic contracts, introducing the concept of cohabitation agreements. These agreements can be entered into by common-law spouses to delineate their support and property rights and obligations. These contracts can also be formulated at the end of their relationship, providing a clear roadmap for the division of assets and responsibilities. In a domestic contract, common-law spouses can opt to adopt the property scheme from Part I of the FLA if they so desire. This option offers them the flexibility to customize the agreement as per their unique circumstances and preferences.

Conclusion

Navigating the labyrinth of cohabitation laws in Ontario can be a daunting task due to the multitude of factors and conditions involved. However, gaining a clear understanding of property rights, support obligations, and the utility of cohabitation agreements can empower couples to traverse this legal landscape more effectively. Given the complexity of these matters, it is always recommended to seek professional legal assistance. Expert legal counsel can provide a more personalized and comprehensive understanding, ensuring that couples are well-equipped to make informed decisions about their relationship.

THIS BLOG IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT NECESSARILY REFLECT THE VIEWS OF LAILNA DHALIWAL LLP.

The Content is offered free of charge strictly on an "as is" basis and is intended to provide users with general information only. Lailna Dhaliwal LLP does not warrant or guarantee the accuracy, completeness or fitness of the Content for any particular purpose.

The material provided on the Lailna Dhaliwal LLP/JSDLAW PC website is not intended to provide legal advice or opinions of any kind, and does not constitute legal advice.

No one should act, or refrain from acting, based solely upon the materials provided on this website, without first seeking appropriate legal or other professional advice.

Sending or receiving of these materials does not create a lawyer-client relationship.

Do not provide any confidential information to Lailna Dhaliwal LLP unless and until we have given you a written retainer agreement confirming that we can represent you.