Buying a home together before marriage is common — and legally very different from buying as a married couple. I’m Jatin Dua, RE/MAX Quantum Realty. Here’s what every unmarried buyer in Ontario should understand before signing.
Please note: this article is general information, not legal, tax or financial advice. Speak with a lawyer or accountant about your specific situation.
The key difference
Ontario’s family law rules about the matrimonial home apply to married spouses. Common-law partners don’t get the same automatic property rights — which means what’s on title and what’s in writing matters enormously more.
How you hold title
Joint tenancy: equal ownership with right of survivorship — if one dies, the other automatically takes full ownership. Common for couples.
Tenants in common: you can own unequal shares (say 70/30 reflecting different down payments), and each share passes through your own will rather than automatically to the other person. Often the fairer structure when contributions differ.
Your real estate lawyer will explain which fits — decide this before closing, not after.
The cohabitation agreement
Unromantic, essential. It records who contributed what, how costs are split, what happens if one wants out, how the home is valued in that event, and who has first right to buy the other out. Couples who have this document handle a breakup as a transaction; couples who don’t handle it as a lawsuit.
Practical money questions to settle
Whose income qualifies for the mortgage, and are both on it? If one pays the entire down payment, is that a gift, a loan, or a larger ownership share? Who pays which monthly costs? What happens if one loses their job? Write down the answers.
Both of you should be my client
When I work with unmarried buyers I make sure both parties are informed equally, that neither is quietly deferring, and that both understand the ownership structure being chosen. If one of you is contributing much more, I’ll say so out loud and make sure it’s addressed properly.
Ready to buy together?
Start with my Etobicoke buying guide, run the numbers with the mortgage calculator, and check whether you qualify for the first-time buyer programs — note eligibility is assessed individually. Book a consultation and we’ll map it out.
FAQ — Buying a Home Unmarried in Ontario
Do common-law partners have the same property rights as married couples?
Not for the matrimonial home. Ontario’s family law property rules for the home apply to married spouses, so unmarried buyers should rely on title structure and a written cohabitation agreement. Get legal advice.
Should we buy as joint tenants or tenants in common?
Joint tenancy gives right of survivorship and equal shares; tenants in common allows unequal shares passing through each person’s will. Unequal contributions often point toward tenants in common — your lawyer should advise.
What if one of us pays a bigger down payment?
Document it clearly — as a larger ownership share, a repayable loan, or a gift. Undocumented contributions are the most common source of disputes later.
Can both of us claim first-time buyer benefits?
Eligibility is generally assessed per individual and may be affected by a partner’s ownership history. Confirm your specific situation with your lawyer or accountant before relying on it.
About Jatin Dua — Etobicoke Real Estate Agent
Jatin Dua is a Realtor with RE/MAX Quantum Realty serving Etobicoke and the GTA — The Queensway, Humber Bay Shores, Mimico, Alderwood, Long Branch, New Toronto, Islington–City Centre and the Kingsway. Book a free consultation, browse the Etobicoke guide, or see new projects on the Pre-Construction Hub.