Understanding Common Law Relationships in Canada

Many Canadians live in common law relationships without fully understanding the legal rights and obligations that come with them. While common law couples do not go through a formal marriage ceremony, the law recognises their relationships and provides certain protections, particularly in areas like spousal support, property division, and tax benefits. However, the rules vary significantly from province to province.

This article provides an overview of common law relationships in Canada, including what qualifies as common law, how the law treats these relationships, and what steps you can take to protect yourself and your partner.

What Qualifies as a Common Law Relationship

The definition of a common law relationship varies depending on the province and the specific area of law in question. In general, a common law relationship is established when two people live together in a conjugal or marriage-like relationship for a specified period of time. In most provinces, this period is typically one to three years of continuous cohabitation. In some cases, having a child together can also establish a common law relationship regardless of how long the couple has lived together.

For federal purposes, including income tax and certain benefits, a common law partnership is recognised after 12 consecutive months of living together. However, provincial family law definitions may differ, and these differences can significantly affect your rights.

Property Rights for Common Law Couples

One of the most significant differences between married and common law couples in Canada is how property is divided when the relationship ends. In most provinces, common law partners do not have the same automatic right to an equal division of property that married couples have. This means that if you separate, each partner generally keeps whatever property is in their name, unless there is a cohabitation agreement or a successful legal claim for unjust enrichment.

British Columbia is a notable exception, as it extended property division rights to common law couples under the Family Law Act in 2013. In other provinces, common law partners who believe they are entitled to a share of their partner's property may need to pursue a claim through the courts.

Spousal Support Obligations

In most Canadian provinces, common law partners may be entitled to spousal support when the relationship ends, similar to married couples. The eligibility for support depends on factors such as the length of the relationship, the financial circumstances of each partner, and whether one partner sacrificed career opportunities to support the household or care for children. A lawyer can help you understand whether you may be entitled to or obligated to pay spousal support.

Protecting Yourself with a Cohabitation Agreement

A cohabitation agreement is a legal contract between common law partners that outlines how property, finances, and other matters will be handled during the relationship and in the event of a separation. It is similar to a prenuptial agreement for married couples. Having a cohabitation agreement in place can provide clarity, reduce conflict, and protect both partners' interests.

A lawyer can help you draft a cohabitation agreement that is fair, comprehensive, and enforceable under the laws of your province.

How a Personal Legal Service Plan Can Help

With a Personal Legal Service Plan, you can speak with a Provider Law Firm in your province to understand your rights as a common law partner. Whether you need help drafting a cohabitation agreement, understanding property division rules, or navigating a separation, a lawyer can provide the guidance you need to make informed decisions.