← LibrarySource sectionProperty and debts — common-law couples
Source checked2026-08-08
Related explanationSubstantiveProperty and equalization for married spouses
Court: Superior Court of Justice
Ontario’s Family Law Act generally uses an equalization calculation for married spouses rather than simply dividing every asset in half.
When a marriage ends, Ontario’s Family Law Act provides an equalization system based on each spouse’s net family property. Property is identified and valued according to the statutory rules, including property owned on the valuation date, debts and liabilities, permitted date-of-marriage deductions and excluded property. The resulting equalization payment is intended to share the growth in the spouses’ net family property as the Act requires.
This is different from saying that every asset is jointly owned or must be physically divided. Ownership, possession and equalization can be separate questions. Common-law partners do not automatically use the married-spouse equalization regime, although they may have other property claims based on ownership, contract or equitable principles.
What this source covers
Steps to Justice provides plain-language information about property and debt issues for unmarried partners after separation.
Key pointsCommon-law partners do not use the same automatic property-division system
Steps to Justice explains that common-law partners generally keep property in their own names, subject to other possible legal claims and agreements.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Read the original source ↗Law and rulesRelated official provisions
Binding law / official textToronto Region Practice Direction
Part III — of the Substitute Decisions Act, 1992 sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Act sets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
Subject to paragraph 30 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992 or the Children’s Law Reform Act should be commenced by filing a notice of application using the Ontario Courts Public Portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form , applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Open official source ↗Binding law / official textFamily Law Rules
Rule 21 — REPORT OF CHILDREN’S LAWYER
21. Report of Children’s Lawyer
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textFamily Law Rules
Rule 37.1 — FAMILY LAW ACT PROVISIONAL ORDERS
37.1 Family Law Act provisional orders
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.
If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules .
The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations.
Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference.
More information about financial statements and the documents that shall be exchanged to support a financial statement is available here .
1. Automatic Disclosure Orders Under Rule 8.0.1
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 8.0 — .1 of the Family Law Rules directs the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.
The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5).
A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs.
Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:
Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ;
Orders under Part I of the Children’s Law Reform Act (parentage); or
International child abduction.
The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.
After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.
Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.
The following persons are exempt from the notice requirement under Family Court Rule 1.3:
A party or their counsel;…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Related subjects:Property and finances
Further readingRelated rules, forms and explanations
Binding official sourceLaw / rule
Official Ontario statute addressing parentage, decision-making responsibility, parenting time, contact and related child-law matters where it applies.
Government of OntarioFull ActSource checked 2026-08-07
Binding official sourceLaw / rule
Ontario’s Family Law Act contains provincial law concerning family property, the matrimonial home, support and domestic contracts.
Government of OntarioFamily Law ActSource checked 2026-08-08
Binding official sourceLaw / rule
Official Ontario statute addressing family property and equalization, support, domestic contracts and related family-law matters.
Government of OntarioFull ActSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing financial disclosure and financial statements in family proceedings.
Government of OntarioRule 13 — Financial disclosureSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing motions for temporary orders, including when motions may be brought and procedural requirements.
Government of OntarioRule 14 — Motions for temporary ordersSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions for motions to change final orders or filed support agreements, including forms, response procedure and service requirements.
Government of OntarioRule 15 — Motions to change a final order or agreementSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing summary judgment in family cases.
Government of OntarioRule 16 — Summary judgmentSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing case conferences, settlement conferences and trial management conferences, including briefs and confirmations.
Government of OntarioRule 17 — ConferencesSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing offers to settle in family cases.
Government of OntarioRule 18 — Offers to settleSource checked 2026-08-07
Official court procedureOfficial form
Official Ontario family-law form or related court document: Election of Surviving Spouse. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Election of Surviving Spouse”.
Current official version
The current English version is version dated 2017-04-09 and effective 2017-04-09.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesFamily Law Act forms — Election of Surviving SpouseSource checked 2026-08-08