Many GTA couples buy their first home together before they marry, or never marry at all. Ontario law treats married and unmarried couples very differently when it comes to property. If you are buying together without being married, a little planning at the start can prevent a painful fight later. This is general information, not legal advice; a real estate or family lawyer can tailor it to you.
The key difference in Ontario
Married spouses in Ontario are covered by the property division rules in the Family Law Act, including special rights over the matrimonial home. Common-law partners are not. If an unmarried couple separates, each person generally keeps what is in their name, and the other has to go to court to claim a share based on contributions. That is slow, expensive and uncertain. Read how the rules work for married couples in our guide to matrimonial home rules in Ontario.
How you hold title matters
- Joint tenancy: you own the whole home together. If one of you dies, the home passes automatically to the other outside the will. Most couples choose this.
- Tenancy in common: each person owns a set share, for example 60 and 40. If one dies, their share goes to their estate, not automatically to the partner. This can suit couples who put in very different amounts or have children from earlier relationships.
Tell your lawyer which you want before closing. Changing it later means new paperwork and possibly land transfer tax.
Put the money in writing
If one partner puts in more of the down payment, or one partner’s parents give a gift, write down what happens to that money if you separate or sell. A cohabitation agreement can cover:
- who contributed what to the down payment and closing costs,
- how mortgage payments, property tax and repairs will be shared,
- what happens if one wants to keep the home and buy the other out,
- how equity is split on a sale.
Each partner should get independent legal advice for the agreement to hold up. The cost is small compared with a court case.
Rebates and savings programs
Each partner is assessed separately. If one of you has owned a home before and the other has not, the Ontario and Toronto land transfer tax refunds are prorated to the first-time buyer’s share. Each of you can use your own FHSA and RRSP Home Buyers’ Plan if you qualify. See the first-time buyer guide for the limits.
Mortgage and credit
Both partners on the mortgage means both are fully responsible for the whole loan, not just half. If one partner has weaker credit, the lender may still approve based on combined income, but that partner’s credit history affects the rate.
If you later marry
Once you marry, the home you live in becomes a matrimonial home under the Family Law Act, whatever your cohabitation agreement said. You can convert the cohabitation agreement to a marriage contract, but do it with a lawyer.
Buying together in the GTA? Talk to us about homes that fit both budgets, and speak to a lawyer early about title and a cohabitation agreement. HomeLife Landmark Realty Inc., Brokerage.
General information as of September 2026. Not legal advice.