What Is a Domestic Partner? Definition, Meaning, & Examples

What Is a Domestic Partner? Definition, Legal Meaning, and Examples in the GTA

By : Admin 03-Dec-2025

More couples than ever across the Greater Toronto Area are living together and making a life without getting married. They live together in Toronto’s high-rise condos, have children in Mississauga’s suburbs and work together to build their businesses in Brampton, Vaughan, Markham, Richmond Hill and beyond. They plan holidays and make financial decisions together. They love and promise to be faithful to each other.

In all the ways that count, they are committed partners.

Yet Canadian law does not automatically treat those relationships the same. When the relationship changes – through breakup, conflict over shared property, or sudden death- legal definitions and categories determine who is entitled to what.

That is why knowing the legal definition of a “domestic partner” in the GTA matters. The law does offer protection, but only in certain contexts and with certain criteria in place. If a couple does not know those limits and take steps within them, the result can be surprisingly unjust.

This detailed guide will provide you with a full explanation of what “domestic partner” means legally in the GTA, what rights common-law spouses have, where those rights are lacking and what partners can do to protect their future.

Domestic Partner Meaning – What It Actually Means in Ontario?

The Family Law Act (R.S.O. 1990, c. F.3) is the law that sets out relationship rights throughout Ontario. The Act does not define or recognize “domestic partners” as a legal category. Instead, the Act expands the legal definition of “spouse” to include certain unmarried couples for the limited purposes of support only.

Section 29(1) of the Family Law Act says two people are common-law spouses if:

They have cohabited continuously for at least three years; or
They are in a relationship of some permanence and share a child by birth or adoption.

There is no official registry and no automatic notice sent on your third anniversary of cohabitation. Legal recognition is based on the real-world facts of your relationship, including:

Whether you live in the same home
Whether your lives and finances are intertwined
Whether you present yourselves to the outside world as a family unit
Whether you have children together

Domestic partners may truly be “married in every way that counts,” but the law looks at these specific factors before treating the relationship like a marriage.

How Domestic Partner Rights Compare to Married Spouse Rights?

Married couples in the GTA benefit from a statutory property system. When they separate, the Family Law Act ensures:

Equalization of net family property, meaning both spouses exit the marriage having shared in the wealth created during the relationship
Strong protections for the matrimonial home regardless of title
Clear rights to inherit when one spouse dies without a will

These property-sharing provisions do not apply to common-law partners.

If the relationship ends, each common-law partner generally keeps:

What is in their own name, and
There is no automatic sharing of assets unless both names are on the title
The matrimonial home does not receive special legal status
There is no automatic inheritance without a will

These differences between married spouses and common-law spouses often lead to financial hardship when the relationship ends, especially if only one of them holds property titles.

Areas where married and common-law spouses are treated the same

Parenting of children and decision-making responsibility
Child support; and
Potential eligibility for spousal support (where Section 29 criteria are met)

These benefits exist to protect people from the unfair economic consequences of a broken relationship and to protect children.

Legal Rights and Responsibilities of Domestic Partners (Common-Law Spouses):

Support Rights:

Common-law spouses can seek spousal support when the relationship ends. However, they must be able to show a legitimate legal basis to get an order, such as:

One partner has become economically vulnerable due to roles assumed in the relationship
The separation will lead to a significant financial imbalance
One partner has benefited substantially from the contributions of the other

Section 29 provides the opportunity to seek spousal support, but does not guarantee entitlement.

Parenting, Custody and Decision-Making Responsibility:

When children are involved, common-law and married spouses are treated the same. The law looks not at their parents’ marital status, but rather:

Solely on what is in the child’s best interests; and
Both parents remain equally obligated to support the child financially; and

The Court will not differentiate between married spouses and common-law spouses when determining parenting rights. That includes:

Decision-making responsibility (custody)
Parenting time (access)
Child support obligations

Property Rights for Common Law Spouses in Ontario:

The most significant legal gap for domestic partners exists with respect to property or wealth acquired during the relationship. Since equalization does not apply to common-law spouses, a partner who is not on title may have to prove that they made contributions in a way that the law recognizes before receiving a share of property.

The primary legal remedy is unjust enrichment, which applies where:

One partner has received a financial benefit
The other has suffered a related loss
There is no valid legal reason for the imbalance

If the Court agrees, the disadvantaged partner may be granted:

Constructive trust resulting in beneficial ownership in a home or asset, or
Financial compensation reflecting the contribution

Each case will depend heavily on available evidence, such as financial records, the roles each person assumed during the relationship, and testimony to the shared intention behind family decisions.

Estate Rights:

Domestic partners in the GTA can also be placed in a very difficult position if one partner dies without a will:

They do not automatically inherit the other’s property
They may need to bring legal action to obtain a share
Property that is not in joint names may not pass to them

A loved one lost to a sudden illness or accident can become a huge financial battle as well if estate planning has not been done in advance.

Basic tools like a will, beneficiary designations on accounts, and titling of shared property in both names can prevent this worst-case scenario from ever having to happen.

Why Pettkus v Becker Still Shapes Domestic Partner Rights Today?

Pettkus v Becker (1980) is a landmark case that revolutionized how domestic partner property contributions are treated in the legal system in Ontario and across Canada. The details of the case are a tragic, all-too-familiar story:

A woman had dedicated nearly two decades of her life to managing a home and supporting the development of shared wealth with her partner. The relationship eventually ended, but since everything in the home and with their finances was legally in his name, the courts at the time gave her nothing.

The Supreme Court found this treatment to be unjust. It recognized that:

Contributions could be financial, domestic, or personal
Partnership in life results in partnership in value
Ownership title alone should not determine who benefits

By placing a constructive trust on the home and awarding the plaintiff a share of the property, the Court created a pathway for domestic labour and non-financial contributions to be recognized for what they are: the building blocks of a long-term partnership.

Pettkus v Becker has been relied on for decades since then in the GTA when common law partners find themselves needing to separate. It is the way our courts determine whether an unmarried couple should be considered economic partners with a right to share in the value created during the relationship.

How Courts Identify a Common Law Relationship in the GTA?

While the three-year rule or shared child requirement is what triggers the legal definition under Section 29, the courts will dig deeper to understand the true nature of the relationship. Evidence may include:

Are there joint bank accounts or credit lines the partners are both responsible for?
Did they make big household purchases or pay the bills together?
Did they co-own or both work to maintain a shared home?
Were the partners integrated into each other’s families and social lives?
Did the couple split caregiving roles or raise children together?
Did the two people make long-term plans as a family unit?

The goal is to understand if the partners truly lived as spouses in a committed conjugal relationship, as opposed to roommates or a short-term relationship.

When those elements are present, legal support rights become more likely.

Property protections, however, still require additional legal steps and proof.

Cohabitation Agreements – Strong Protection for Domestic Partners

A cohabitation agreement puts clarity and an element of formality in relationships that would otherwise leave people vulnerable. A well-written and executed agreement can cover these important topics:

Who owns property, now and in the future
What is financially expected from both partners if the relationship ends
Whether or not spousal support should be expected
Investment in a home, property, or shared business
Financially supporting the needs of any children in the family

Domestic partners in the GTA are signing these agreements in many cases when the following apply:

One person owns the home, but the other has important financial contributions to make or would be at risk if the relationship ended
One person intends to step away from full-time employment or a career path to provide care or support for the family
The partners have an income or net worth difference that they want to make equal, or be taken into account if the relationship ends
Both partners want the certainty that comes with avoiding messy legal disputes down the road

Entering into a cohabitation agreement is not a pessimistic view of the relationship. It is a preventative and respectful step that can protect both people from uncertainty.

Everyday GTA Situations That Highlight the Legal Differences:

1. Purchasing a Condo Where Only One Person is on the Title:

Both partners contribute to the mortgage and to the home in financial and emotional ways over the years. However, if they break up, the non-title partner may not legally be recognized as having any ownership at all in the property.

2. Raising Kids Together While Not Married:

A parent who is not a legal spouse has the same spousal support rights, but does not have an automatic property right to the family home or a shared investment.

3. One Partner is Reducing Their Work to Care for Children:

Domestic contributions can be the basis for a spousal support claim, but proof must be provided to show how that work made it possible for the other partner to advance their financial situation.

4. The Sudden Death of a Partner without Estate Planning:

The grieving survivor may be forced to bring legal action to stay in the home or retain shared assets.

Unfortunately, these are not unusual circumstances. These situations happen every day in the GTA.

Final Thoughts:

Domestic partnerships are real partnerships. They are as much emotional, practical and financial partnerships as their married counterparts. The law recognizes that in some cases, but not all.

Support rights are available but must be shown.
Parenting rights are equal and do not depend on marriage; and
Property and estate rights require legal action to be enforced.

When love and life become intertwined, legal protection can ensure that both parties can move forward with security and mutual respect.

If you are living together in the Greater Toronto Area and you would like to know your legal rights, or you find yourself in a separation or legal uncertainty about your future, GTA Divorce Lawyers can help guide you to make informed decisions with confidence. We can advise you about: