BC common law couples who separate after living together for two or more years have property rights under the Family Law Act — but those rights work differently from married spouses. Here is what you need to know.
What happens to property when common-law partners separate in BC?
I have practised law in British Columbia since 1991, and I advise unmarried couples on separation. Here is how BC law treats you.
In British Columbia, a common law couple who has lived together in a marriage-like relationship for at least two years gains property rights under Part 5 of the Family Law Act (FLA). When that relationship breaks down, property is divided using the same legislative framework that applies to married spouses — but with some important differences.
Who Qualifies as a Common Law Spouse Under the BC FLA?
You are a "spouse" under the FLA's property division provisions if:
- You lived with another person in a marriage-like relationship (sometimes called a "common law" relationship)
- For a continuous period of at least two years
There is no registration required. The question of whether a relationship was "marriage-like" is a factual one — courts look at things like whether you shared finances, held yourselves out as a couple, lived together continuously, and had a domestic relationship.
The Starting Point: Equal Division
Just like married spouses, common law spouses in BC start with a presumption of equal division of family property — everything acquired by either spouse during the relationship, with some exceptions.
Family property typically includes:
- The family home (even if only one partner is on title)
- RRSPs, TFSAs, pensions, and investment accounts acquired during the relationship
- Vehicles, furniture, and personal property purchased during the relationship
- Business interests acquired during the relationship
- Increases in value of excluded property during the relationship
Excluded Property: What You Keep
Certain property is excluded from division — meaning one partner keeps it entirely, rather than sharing it equally. Excluded property includes:
- Property owned by one partner before the relationship began
- An inheritance received by one partner (even during the relationship)
- A gift from a third party to one partner specifically
- A legal settlement or insurance award for personal injury
The key point: the increase in value of excluded property during the relationship is family property. If one partner owned a home before the relationship and it went up in value by $200,000 during the two years you were together, that $200,000 increase is divisible.
The Family Home: Special Rules
The family home has some of the most significant rules in BC property law. If both partners lived in the home as their primary residence, it is family property — even if only one name is on title.
Unlike excluded property, even if one partner owned the home before the relationship and it was used as the family home, the full value (not just the increase) may be subject to division. This is one of the most significant differences between how the family home is treated compared to other excluded property.
Unjust Enrichment: The Old Common Law Claim
Before the FLA was amended to include common law spouses in property division, courts used a doctrine called unjust enrichment (and the related remedy of constructive trust) to divide property between unmarried couples. These claims are still available to couples who separated before the FLA changes took effect, or in cases where the relationship was less than two years.
An unjust enrichment claim requires showing:
1. One partner was enriched (gained something)
2. The other partner suffered a deprivation (gave something without getting corresponding benefit)
3. There was no legal reason (like a gift or payment) for the transfer
Cohabitation Agreements
Common law couples can opt out of the FLA's default property division rules by entering into a cohabitation agreement (similar to a prenuptial agreement for married couples). A cohabitation agreement can specify:
- Which property will remain separate
- How jointly acquired property will be divided
- Whether spousal support will be paid on separation
To be enforceable, each partner must have independent legal advice and make full financial disclosure.
What About Couples Under Two Years?
If you have been together for less than two years, the FLA's property division provisions do not apply. You may still have rights under:
- Joint ownership (if you are both on title)
- Unjust enrichment claims
- A cohabitation agreement if you made one
Limitation Period
Common law spouses in BC have two years from the date of separation to make a claim for property division. Missing this deadline can permanently bar your claim.
Sea to Sky Law Can Help
Andrew Liggett BA JD CD has advised BC common law couples on property rights and separation since 1991. Whether you need help understanding what you are entitled to, negotiating a separation agreement, or pursuing a court claim, we can help.
Yes — if you have lived together in a marriage-like relationship for at least two years, BC's Family Law Act gives you property division rights similar to married spouses, including a presumption of equal division of family property.
If the home was the family home during the relationship, it is family property subject to equal division — even if only one partner's name is on title. The starting point is 50/50, though a court can order unequal division in some circumstances.
No — an inheritance received by one partner (even during the relationship) is excluded property and is not subject to division. However, any increase in value of that inheritance during the relationship is family property.
Two years from the date of separation. After that, the claim is generally barred. If you are approaching this deadline, contact a lawyer immediately.
Unlike married couples, common-law partners in British Columbia do not automatically share property under the Family Law Act just because they lived together. Who owns what often depends on how assets were bought, titled, and used during the relationship, and on whether there were agreements in place.
Family property generally includes assets acquired during the relationship, such as the family home, vehicles, savings, and pensions earned while you lived together. Property you owned before the relationship, gifts, and inheritances are often treated as excluded property, though the details matter.
Gathering records early helps. Bank statements, land title documents, purchase receipts, and any written cohabitation agreement can make the difference between a fast resolution and a long dispute. Our team reviews these documents with you during a phone or secure video consultation, so you know your options before any decisions are made.