In British Columbia, common-law means living together in a marriage-like relationship for at least two years without being married, or for a shorter period if they have a child together (for spousal support purposes only). Common-law couples have the same legal rights and responsibilities as married couples. Common-law can affect debts and property division if the relationship ends.
Reviewed by Judith A. Janzen, member of the Law Society of British Columbia. Last updated July 2026.
Navigating common-law relationships and common-law separation can be complex and challenging, which is why we strongly recommend that you speak to someone well versed in the relevant laws. Our experienced family law lawyers at Onyx Law Group have a deep understanding of the legal issues surrounding common-law status in BC, including legal rights and protections for common-law spouses. Reach out to us today to arrange a consultation.
In this article, we will explain what common-law means in British Columbia, including the legal rights, responsibilities, and implications for couples living together.
What Is Common Law in BC?
In British Columbia, a common-law relationship is legally defined as a marriage-like relationship between two unmarried people who have lived together for a certain period in a committed spousal relationship. This definition helps distinguish it from casual or short-term relationships, as courts look at the overall nature of the partnership, including shared responsibilities and participation in special events as a couple.
Common-law relationships are increasingly common in British Columbia. According to the 2021 Census, about 10% of adults aged 15 and older live in a common-law relationship, while nearly half of adults are married. This shows that a significant portion of the population relies on the protections and rights that come with legal recognition of their partnership.
Unlike married couples, common-law partners historically had fewer legal rights. Before 2013, BC law did not treat common-law partners the same as married spouses when it came to support or property division.
Since the 2013 changes to BC’s Family Law Act, common-law partners have gained rights similar to those of married spouses. This includes access to spousal support and recognition in property matters, making the law more equitable.
To qualify as common-law in BC, couples must live together continuously for at least two years. This minimum cohabitation period is key for legal recognition and affects property, inheritance, and support rights.
According to our principal lawyer, Candace Cho, “Navigating common-law relationships can be surprisingly complex. Even long-term partners may not automatically have the same property or inheritance rights as married couples, which is why getting clarity early is essential.”
What Is a Marriage-Like Relationship?
In BC, a relationship is marriage-like if certain factors are present. These factors encompass living together under the same roof, engaging in sexual relations, sharing meals and household chores, and participating in special events as a couple. Other factors include sleeping arrangements, financial support, and care of children, if any. It is not a strict checklist, and no single factor is determinative of whether you are in a marriage-like relationship.
What Are the Property Rights and Division for Common-Law Couples in BC?
Under the Family Law Act, unmarried partners who have lived together in a marriage-like relationship for at least two continuous years are legally considered spouses. The rules for property and debt division largely mirror those for married couples once they meet that threshold.
This means that property and debt accumulated during the relationship are generally divided equally upon separation, regardless of whose name appears on the legal title. The title alone does not determine ownership for division purposes.
However, certain property is considered “excluded property,” such as assets owned before the relationship began, inheritances, and gifts from third parties. While the original value of excluded property is typically protected, any increase in value during the relationship may still be divisible.
If the relationship lasted less than two years and the couple does not meet the legal definition of spouse, property division does not occur automatically. In those cases, a partner may need to rely on equitable claims such as unjust enrichment.
Where children are involved, parenting arrangements and child support decisions are determined based on the child’s best interests under the Family Law Act. However, property division itself is governed by statutory rules and does not depend on the best interests of the child. While parenting considerations may affect short-term living arrangements in the family home, ownership and division of property follow the legal framework set out in the legislation.
Rights of Married vs. Common-Law Couples in BC
BC data shows that 15.3% of all couple families were common‑law in 2021. This means that a substantial portion of family units may need clarity and protection under the Family Law Act. Understanding the legal differences between a common-law and a married couple in British Columbia is important for planning finances, property, and family matters. The table below simplifies the legal treatment of each type of relationship by highlighting key rights and exceptions.
| Rights Category | Married Couples | Common-Law Couples | Notes / Exceptions |
|---|---|---|---|
| Property Division | Automatic equal division of family property and debt | Only property and debt acquired during relationship may be divided if cohabited ≥2 years | Cohabitation agreements can override unjust enrichment claims if less than 2 years |
| Inheritance Rights | Automatic rights under intestate succession | There is no automatic inheritance if a partner dies without a will. | Wills or beneficiary designations are essential to protect inheritance rights |
| Spousal Support | Eligible by law upon separation or divorce | Eligible if cohabited ≥2 years, or <2 years with children | Agreements can waive or define support obligations |
| Decision-Making Authority | Recognized as next-of-kin for medical, legal, or financial decisions | No automatic authority unless granted through a power of attorney or agreement | Partners should formalize decision-making through legal documents |
What Is the Legal Recourse for Property Disputes Among Common-Law Partners?
In British Columbia, common-law partners who cannot agree on property division can seek legal recourse through the courts. If they lived together for at least two years, the Family Law Act allows them to claim a share of property and debt accumulated during the relationship.
For relationships shorter than two years, partners may still make claims based on unjust enrichment or contributions to the household. Legal action can help resolve disputes over assets and debts. Consulting a family lawyer early is important to protect your rights and build a strong case.
What Are the Inheritance and Estate Considerations for Common-Law Partners in BC?
In British Columbia, common-law partners who have lived together in a marriage-like relationship for at least two years are recognized as spouses under the Wills, Estates and Succession Act (WESA). This means that even if a partner dies without a will, a qualifying common-law partner is entitled to a share of the estate under intestacy rules. While intestacy provides statutory rights, the exact share may vary depending on other heirs, so planning ahead is still important.
Creating a will is essential for common-law partners who want to ensure their partner inherits exactly what they intend. A properly drafted will allows you to specify how assets, property, and other benefits are distributed, providing clarity and peace of mind. Without a will, a common-law partner will still have rights under intestacy, but you cannot guarantee that your full wishes will be honored, especially if there are children or other relatives involved.
Common-law partners may also apply to vary a will if they were financially dependent and the will does not adequately provide for their support, though such claims are governed by specific legal rules and time limits. Other estate planning tools, such as joint ownership of property, life insurance naming a partner as a beneficiary, or certain trust arrangements, can help protect their interests and provide financial security while potentially avoiding probate.
How Can a Common-Law Partner Contest a Will in BC?
Under WESA, a qualifying common-law partner can contest a will if they believe they were unfairly excluded or that it is significantly unfair in how it distributes the estate. Common grounds include claims of dependency, lack of capacity, improper execution, undue influence, or that the deceased failed to provide adequate support to one spouse or partner. The court has broad discretion to vary the will in favour of a surviving spouse.
Contesting a will requires filing a claim in court and following strict timelines. Evidence of financial dependence or contributions to the deceased’s estate can strengthen the claim.
Legal advice from an experienced estate or family lawyer is essential, particularly where one spouse has been left with little or nothing under the will. They can help assess the strength of your case and guide you through negotiations or court proceedings.
How to Become a Common-Law Partner in BC?
In British Columbia, you become a common-law partner if your relationship meets the definition of “spouse” under section 3 of the Family Law Act. This includes unmarried couples who have lived together in a marriage-like relationship for at least two continuous years and have integrated their lives in a meaningful way, often presenting themselves as a couple to friends and their respective families.
Couples who have lived together for less than two years but have a child together are also considered spouses, but only for claiming spousal support. It’s important to note that federal law has a different standard.
For tax purposes, you may be considered common-law after just one year of living in a conjugal relationship. This rule affects benefits, tax credits, the Canada Pension Plan, and Old Age Security, even if BC law does not yet recognize the relationship for property or spousal support.
How to Avoid Common-Law in BC?
In British Columbia, if you have lived together for less than two years and do not have a child together, you are not considered common-law spouses. Beyond that, determining whether a marriage-like relationship exists can be complex. Factors such as financial intermingling, shared living arrangements, and the nature of the relationship are considered when deciding if a common-law partnership applies.
If a dispute arises over whether to prove or deny a common-law relationship, legal guidance is essential. A family lawyer can help assess the situation and protect your rights, whether it’s about property division, spousal support, or clarifying that no common-law relationship existed.
What Are the Rights and Responsibilities of Common-Law Partners in BC on Separation?
In British Columbia, common-law partners who have lived together in a marriage-like relationship for at least two years are treated the same as married spouses when it comes to separation. This means property and debt accumulated during the relationship are divided equally under the Family Law Act. Courts often review financial records such as tax returns, joint accounts, and other legal information to determine what was acquired during the relationship and how it should be allocated.
Legal recognition as a spouse includes all assets and debts acquired since the relationship became marriage-like in the division process. This can include real estate, bank accounts, pensions, and even liabilities reflected in shared credit statements or household bills addressed to both partners. However, property owned before the relationship, inheritances, and gifts are generally excluded from equal division.
For couples who have lived together for less than two years but have children together, spousal support may apply. In these cases, property, debt, and pension division do not automatically occur unless a cohabitation or separation agreement specifies otherwise. Partners who do not meet the legal definition of spouse may still seek an interest in property through an unjust enrichment or equitable claim. Consulting a family lawyer can help clarify rights, gather relevant legal information, and explore available legal options.
Spousal support is available to anyone recognized as a spouse under the Family Law Act. This means you can claim support from your ex-partner or are obligated to provide it yourself, and in cases involving children, one parent is also required to pay child support. For shorter relationships with children, the right to claim support also exists, even if property division does not.
For example, a couple who lived together for less than two years but had a child successfully claimed spousal support upon separation. This demonstrates that even short-term common-law relationships with children establish spousal support obligations under BC law.
In another example, one partner paid for renovations and household bills while the other partner owned the property. The court recognized the contributing partner’s efforts and awarded compensation. This case shows that financial and non-financial contributions to the household can be considered when determining property claims, even without legal title.
How to Opt Out of the Family Law Act Regime?
Common-law partners in British Columbia can opt out of the default rules of the BC Family Law Act with proper legal planning. This enables couples to manage property, debt, and spousal support in the event of a relationship’s dissolution. The primary tools for managing these circumstances are cohabitation agreements and separation agreements.
We always remind clients, “Cohabitation agreements are an essential tool for common-law couples.” A cohabitation agreement can be made before or after moving in together. It functions like a prenuptial agreement, allowing partners to set their own rules for dividing property, managing debt, and addressing spousal support. To be enforceable, the agreement must be in writing, properly signed, and witnessed.
Full financial disclosure from both parties is essential. Courts may challenge a cohabitation agreement without it. Independent legal advice for both partners also strengthens enforceability and ensures the agreement is fair and legally binding.
At the end of a common-law relationship, partners can also negotiate a separation agreement. This written, signed document records agreed-upon terms for property division, debt, spousal support, and parenting arrangements. If no agreement is possible, parties may need to pursue a family court case to resolve outstanding issues.
Common-Law and Estate Planning in BC
In British Columbia, common-law partners who have lived together in a marriage-like relationship for at least two years are recognized under the law when it comes to inheritance. If a partner passes away without a will, intestacy rules apply, and a qualifying common-law partner is entitled to a share of the estate similar to that of a married spouse. However, the exact distribution depends on the size of the estate and whether there are children or other relatives, so outcomes may not always match expectations.
Having a will is the most reliable way to make sure your common-law partner inherits exactly what you intend. A will allows you to specify how your assets, property, and belongings should be distributed, giving you control over your estate and providing peace of mind that your partner is cared for. Without a will, the default rules under intestacy may result in a partner receiving only certain statutory amounts, which could leave some wishes unfulfilled.
“A will is crucial for common-law partners. Without one, your partner may not inherit what you intended. Proper planning ensures your loved ones are cared for.” -Onyx Law Group team.
Probate is another important consideration for common-law partners. It is the legal process of validating a will and transferring assets, which can take time and incur fees. In BC, there are ways to reduce or avoid probate, such as holding assets in joint ownership, naming beneficiaries on accounts or insurance policies, or using certain trust structures. Planning ahead ensures that your partner can access what you intend for them smoothly, without unnecessary delays or complications.
How to Prove a Common-Law Relationship in BC?
Proving a common-law relationship in British Columbia requires clear evidence that two people have lived together in a marriage-like relationship. Courts typically look at the duration of cohabitation, usually a minimum of two years, as well as joint finances, shared property, and whether the couple presents themselves publicly as partners. Documents like joint bank accounts, leases, utility bills, and shared insurance policies can all serve as evidence.
Establishing common-law status is important because it affects legal rights in family law and estate matters. For example, it can determine entitlement for spousal support, claims to property, or inheritance rights when a partner dies. Without proof, a common-law partner may have no access to these protections, making thorough documentation crucial.
While BC does not require formal registration of common-law relationships, couples can take steps to document their partnership. Keeping written agreements, naming each other in wills, or registering joint property can strengthen legal claims. These measures help clarify intentions and make it easier to assert rights in court if disputes arise.
Are You Common-Law in BC and Need Legal Advice?
If you’re in a common-law relationship in BC and unsure about your legal rights or obligations, it’s important to get informed before issues arise. Speaking with a family lawyer can help you understand your situation and protect your interests moving forward.
The lawyers at Onyx Law Group have extensive family law experience. Our experienced team of attorneys in BC regularly advises people in common-law relationships on how to protect their rights. Reach out to us for an initial consultation to learn more about how we can help you.
Frequently Asked Questions
Many people have questions about how common-law relationships work in British Columbia. This FAQ answers key issues about rights, responsibilities, and legal protections for common-law partners.
What Qualifies as a Common-Law Relationship in BC?
In British Columbia, a common-law relationship exists when two unmarried people live together in a marriage-like relationship for at least two continuous years. Couples who live together for less than two years but have a child together are also considered common-law for spousal support purposes.
How Long Do You Have to Live Together to Be Common-Law?
The law in British Columbia is that you must live together for a continuous period of at least two years to be deemed common-law spouses. However, the passage of time is not enough on its own—your relationship must be marriage-like for you to be common-law spouses.
How to Declare Common-Law in BC?
In British Columbia, you don’t need to formally declare or claim common-law status. It is automatically recognized once you live in a marriage-like relationship for the required period.
Do Common-Law Partners Have the Same Rights as Married Couples?
In British Columbia, qualifying common-law partners, those who have lived together in a marriage-like relationship for at least two years, have similar rights to married spouses under intestacy and family law. However, certain legal benefits, like automatic inheritance of all assets without a will, may differ, so having a will is still important.
Can Common-Law Couples Get Spousal Support?
Common-law spouses in BC can claim spousal support unless a cohabitation or separation agreement waives the right. However, claiming does not guarantee payment; entitlement must be proven in court.
How Can Common-Law Partners Protect Their Property Rights?
Common-law partners in BC can protect their property rights by creating a valid will that clearly outlines asset distribution. They can also use joint ownership, beneficiary designations, or trusts to ensure property passes directly to them and avoid probate complications.
What Happens if a Common-Law Partner Dies Without a Will?
A common-law spouse can inherit all or part of their deceased partner’s estate if they die without a will. That is because BC’s Wills, Estates and Succession Act recognizes common-law spouses as married spouses when it comes to inheritance rights.
Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws and regulations vary by jurisdiction and may change over time, so you should consult a qualified estates and trust attorney for advice regarding your specific situation. Past examples, case studies, or hypothetical scenarios are illustrative only and do not guarantee similar results.