How Is Property Divided in a Common Law Separation

Common-law couples in Ontario do not automatically share property in the way married couples do. There is no equalization payment. Each person leaves with what's in their name — unless they can argue a claim for unjust enrichment, constructive trust, or one of a handful of other equitable doctrines.

This article walks through what that means in practice, the role of cohabitation agreements, and why the difference between common-law and married property rights often surprises people.