Why It's Even More Important to Make a Will If You Have a Common Law Spouse in Ontario
Let’s talk about something no one loves thinking about: what happens after you die. (We know. Morbid. But stay with us.)
If you're in a common law relationship in Ontario (meaning you live together in a marriage-like relationship but haven't tied the knot) you might assume your partner automatically inherits your assets when you pass away. After all, you’ve built a life together, maybe raised kids, bought a house, pooled your money.
Unfortunately, that assumption can lead to some very unpleasant surprises.
Here’s why making a will is absolutely critical if you’re in a common law relationship.
1. In Ontario, Common Law = Not Married in the Eyes of the Succession Law
Here’s the blunt truth: under Ontario law, common law partners are not legally entitled to inherit anything if their partner dies without a will. Not your house (unless you own it together as joint tenants), not your bank accounts, not your dog, not even your collection of vintage vinyl.
If you die without a will (what the law calls “intestate”), the Succession Law Reform Act kicks in, and your assets go to your next of kin - not your partner.
That usually means:
Your children inherit everything
If you don’t have children, it goes to your parents. If you don’t have living parents, then it goes to your living siblings, and so on.
Your common law spouse? Completely left out. Unless you’ve legally spelled out your wishes in a will.
2. You Might Leave Them House-Hunting During Their Grief
Let’s say you own the home you and your partner share, but it’s in your name only (maybe you bought it before the relationship). If you die without a will, your common law spouse has no automatic right to stay in that home.
They might have to:
Negotiate with your heirs (awkward and painful)
Make a costly legal claim for dependent support or unjust enrichment
Or, in the worst cases, move out
And all this while they’re already dealing with the grief of losing you.
3. You Could Be Forcing Your Partner Into Court
If you die without a will, and your common law spouse was financially dependent on you, they might be able to apply to the court for support under Part V of the Succession Law Reform Act. Alternatively, they could make a claim against your estate for unjust enrichment under the common law. But those are just legal claims, not an automatic entitlement, and your spouse would bear the legal burden of proving their claim.
It’s:
Expensive
Stressful
Time-consuming
And it can be emotionally devastating for your partner to fight with your estate for support while grieving
Let’s not forget — your partner could end up in a legal battle with your kids, your siblings, or even your estranged third cousin. This is what wills are meant to avoid.
4. You Might Actually Want Them to Have Something
The law doesn't assume your common law partner should inherit anything. But you probably do.
A will lets you:
Leave your partner the home you lived in
Allocate savings or investments
Give them specific items that mean something (like Grandma’s ring or the dog)
Appoint them as your executor or trustee (hello, peace of mind)
If you want your partner taken care of, a will is the only way to make sure it actually happens.
5. Don’t Forget the Other Essentials
Estate planning isn’t just about who gets what. It also lets you:
Name guardians for your children
Appoint someone to make financial or health decisions for you if you become incapacitated (with a Power of Attorney)
Set up trusts, divide personal items, and minimize family conflict
These are especially important when you’re in a blended family or raising children together without being married — situations where the law can get messy without clear instructions.
Bottom Line: A Will Protects the Life You’ve Built Together
Being common law doesn’t make your relationship less real, but legally speaking, it makes things trickier when it comes to estate planning.
A will ensures:
Your partner is protected
Your wishes are respected
You’re not leaving behind a legal headache
At Passageway Law, we help individuals and couples - married or not - create clear, legally binding wills that reflect their life, values, and relationships. Let’s make sure your partner isn’t left out in the cold.
Ready to make your will?
We’ll guide you through it step by step — with clarity, compassion, and zero legalese (unless you’re into that sort of thing).
Disclaimer: This blog is for informational purposes only and is not legal advice. Every person’s situation is different. If you’re in a common law relationship and want to protect your partner, speak to a lawyer about the right estate planning tools for you.