What happens if I die and we're common law? Does it matter?

Short answer

If you die without a Will, your common-law partner likely gets nothing. In Ontario, common law spouses don’t inherit automatically—no matter how long you’ve lived together. It's one of the few areas where there is a difference between legally married and common law. So get a Will to override it.

Long answer

If you’re common law in Ontario and you die without a Will, your partner has no automatic right to your estate.

No matter how long you’ve lived together. No matter if you own a home together. No matter if you raised kids. If your name is on the title, or you left a proper Will, it’s clear. If not, they’re legally a stranger to your estate.

The law only gives married spouses automatic inheritance rights. A common-law partner only gets something if you make them a beneficiary, own the asset jointly, or they go to court and claim financial dependence.

None of that is fast. And none of it guarantees they’ll get what you intended.

A Will isn’t about trust. It’s about control and having a say. If you don’t write one, the law decides—without your input, and without recognizing your partner.

If you’re common law, the only way to protect your partner is to make it official—on paper, with a Will.

Protect Your Spouse with a Will

This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.