Many couples in British Columbia choose to live together without legally marrying. In everyday conversation, people refer to this as a common-law relationship. Under provincial legislation, living with a partner for a certain period creates substantial legal rights and obligations that surprise many couples when the relationship ends.
In British Columbia, common-law partners who meet statutory criteria have the same rights to property division, debt division, and spousal support as legally married spouses. Understanding when these legal rights begin, how property is treated, and what deadlines apply upon separation protects both partners from unexpected legal disputes.
When does a couple become common-law in BC?
Under section 3 of the British Columbia Family Law Act, two unmarried people are considered spouses if they have lived together in a marriage-like relationship for a continuous period of at least two years.
The two-year timeline is the general standard for property division and debt sharing. However, the law provides an important exception for couples with children. If an unmarried couple has lived together in a marriage-like relationship for less than two years but has a child together, they are considered spouses for the purposes of child support, parenting arrangements, and spousal support. The right to statutory property division still requires two continuous years of cohabitation unless the couple agrees otherwise in writing.
Couples often confuse provincial family law rules with federal definitions:
- Under the BC Family Law Act, statutory property and debt rights require two continuous years of cohabitation.
- Under the federal Income Tax Act, the Canada Revenue Agency considers you common-law after 12 continuous months of cohabitation, or immediately if you have a child together.
- Under federal immigration regulations for spousal sponsorship, Immigration, Refugees and Citizenship Canada (IRCC) requires 12 continuous months of cohabitation.
Living together for one year changes your tax filing status with the CRA, but in British Columbia, it does not automatically give your partner a claim to your home or savings under provincial family property rules until you reach the two-year mark.
What proves a marriage-like relationship?
Couples do not receive a certificate or government registration when they become common-law spouses. If partners disagree about whether or when their relationship became marriage-like, courts examine objective evidence regarding how the couple lived.
Judges in British Columbia review several practical factors established by case law:
- Shelter: Did the couple share a primary residence, sleep in the same room, and share meals?
- Finances: Did the partners maintain joint bank accounts, share household bills, contribute to mortgage payments, or list each other as beneficiaries?
- Domestic arrangements: Did the partners divide household chores, care for one another during illness, and support each other daily?
- Social perception: Did family members, friends, neighbours, and community members view the couple as a committed unit? Did they attend social events together?
- Children: Did the parties parent children together or treat each other as parental figures?
No single factor decides the issue. A couple might maintain separate bank accounts or occasionally spend time apart for work and still be found to live in a marriage-like relationship based on their overall mutual commitment.
How property and debt are divided after two years
Before 2013, unmarried couples in BC had to rely on complex common-law legal concepts, such as unjust enrichment, to claim a share of property owned by their partner. When British Columbia enacted the Family Law Act in 2013, the province fundamentally altered common-law property rights.
Under section 81 of the Family Law Act, common-law spouses who have lived together for at least two years are entitled to an equal 50/50 share of all family property and are equally responsible for all family debt upon separation.
The law divides property into two categories:
Family property
Family property includes all assets acquired by either spouse during the relationship, regardless of whose name is on the title, deed, or account. Examples include:
- The family home or real estate purchased during the relationship
- Balances in bank accounts, investment portfolios, and RRSPs accumulated while living together
- Contributions made to pensions during the cohabitation period
- Vehicles, furniture, and household contents acquired during the union
- Businesses or corporate shares created or acquired during the relationship
Excluded property
Under section 85 of the Act, certain assets are categorized as excluded property, meaning they belong entirely to one partner and are not divided 50/50. Excluded property includes:
- Property owned by one spouse before the date the cohabitation began
- Inheritances received by one spouse before or during the relationship
- Gifts given to one spouse by a third party
- Personal injury settlements or court damage awards
An important rule applies to excluded property: any increase in the value of excluded property during the relationship is treated as family property. If you owned a townhouse worth $500,000 when your partner moved in, and that townhouse is worth $800,000 on the date of separation, your original $500,000 equity remains your excluded property. However, the $300,000 gain in equity is family property, meaning your spouse is generally entitled to half of that increase ($150,000).
Family debt
Debts incurred by either partner during the relationship are family debts. This includes credit card balances, lines of credit, mortgages, and personal loans, even if only one partner signed the loan paperwork. Both partners share responsibility for these liabilities upon separation.
Spousal support rights for common-law partners
Common-law partners have the same right to claim spousal support as legally married couples in British Columbia. Spousal support is not automatic upon separation. A partner must show entitlement based on financial need, economic loss resulting from the relationship, or compensation for career sacrifices made during the union.
When deciding spousal support, courts look at:
- The length of the cohabitation
- The roles each partner assumed, such as staying home to care for children
- The difference in income between the partners at the time of separation
- Any health issues or economic hardship caused by the breakdown of the union
Spouses calculate potential support amounts and durations using the Spousal Support Advisory Guidelines (SSAG), which provide standard ranges based on income and relationship length.
What happens if a common-law partner dies without a will?
Many common-law couples assume their assets will automatically pass to their partner if one of them passes away. In British Columbia, the Wills, Estates and Succession Act (WESA) governs what happens when someone dies without a valid will (intestacy).
Under section 2 of WESA, two people are spouses if they were married or lived together in a marriage-like relationship for at least two years immediately before the person's death.
If your common-law partner of two or more years dies without a will:
- You are entitled to the spousal share under section 20 of WESA ($300,000 if all children are common to both spouses, or $150,000 if there are stepchildren, plus half of the remaining estate).
- You have the right to purchase the family home from the estate or retain household furnishings.
- If the relationship lasted less than two continuous years, you have no automatic statutory inheritance rights under WESA, leaving you with no claim to the estate unless you can prove a dependency claim or trust interest in court.
Having a professionally prepared will avoids estate uncertainty and ensures your common-law partner receives the specific assets you intend them to have.
The two-year limitation period after separation
If a common-law relationship ends, strict statutory deadlines govern when a partner can ask a court to divide property or award spousal support.
Under section 198 of the Family Law Act, a common-law spouse must start a court proceeding for property division, debt division, or spousal support within two years of the date of separation.
Missing this two-year deadline can permanently bar you from claiming your fair share of family property, real estate appreciation, or financial support. Determining the exact date of separation is critical, as separation occurs when at least one partner decides the relationship is over and communicates that intention by word or action.
Protecting your assets with a cohabitation agreement
The most effective way to prevent disputes over property division is to sign a cohabitation agreement before moving in together, or shortly after.
Under section 92 of the Family Law Act, couples can enter into a written agreement setting out how property, debt, and spousal support will be handled if they separate. A cohabitation agreement can specify:
- How ownership of a shared home is handled upon separation
- That each partner keeps their own assets, bank accounts, and investments
- How joint living expenses and mortgage payments are managed
- Whether either party will pay or receive spousal support upon a breakdown
To be legally enforceable in British Columbia, a cohabitation agreement must satisfy strict standards. The agreement must be in writing, signed by both parties, and properly witnessed. Each spouse must provide complete and honest financial disclosure of all assets and debts. Finally, both partners should receive Independent Legal Advice (ILA) from separate lawyers to ensure neither partner was pressured and that both fully understand their rights.
A court can set aside an unfair agreement if one party failed to disclose major assets, if one partner was subjected to undue pressure, or if the terms are substantially unfair under section 93 of the Act.
Frequently asked questions about common-law relationships in BC
How long do you have to live together to be common law in BC?
Under the BC Family Law Act, you must live together in a marriage-like relationship for at least two continuous years to have statutory property, debt, and spousal support rights. If you have a child together, spousal and child support rules apply even if you have lived together for less than two years.
Do common-law partners have the same property rights as married couples in BC?
Yes. Since 2013, common-law couples who have lived together for at least two continuous years have the exact same rights to equal division of family property and family debt as legally married couples under the Family Law Act.
Does my partner get half my house if they move in with me in BC?
Not automatically half the total value. If you owned the home prior to the relationship, your initial equity is considered excluded property. However, any increase in the home's value from the date cohabitation began until the date of separation is family property, which is generally divided 50/50.
What is the deadline to file for property division after common-law separation?
Under section 198 of the Family Law Act, common-law spouses have two years from the date of separation to file a court claim for property division, debt division, or spousal support.
Do common-law partners need to get divorced in BC?
No. Because common-law partners were never legally married, there is no formal divorce order required. However, resolving property division, debt allocation, child custody, and support typically requires a written separation agreement or court order.
Legal counsel for common-law and family law matters
Understanding common-law rights, cohabitation agreements, or separation requires clear legal guidance tailored to British Columbia legislation.
Pacific Point Law Corporation assists individuals and couples throughout Surrey, White Rock, and the Okanagan with cohabitation agreements, separation agreements, property division, and family dispute resolution. Consultations are available at our South Surrey office and Kelowna location, as well as through secure virtual video meetings in English, Punjabi, Hindi, and Urdu.