Common-law couples in BC have substantial legal rights — and obligations — that many people don't discover until it's too late. Here's what the law actually says.
Many British Columbians assume that common-law relationships carry fewer legal rights and obligations than marriage. In BC, that assumption can be costly. The province's *Family Law Act* treats married and common-law spouses almost identically when it comes to property, support, and parenting — once the relationship meets the legal threshold.
When Does a Common-Law Relationship Have Legal Status in BC?
Under BC's Family Law Act, two people are 'spouses' if they:
- Have lived in a marriage-like relationship for at least two years, OR
- Have lived together for any period and have a child together
Once you meet this threshold, both partners have the same rights and obligations as married spouses — including the right to claim property division and spousal support.
Common-Law Property Division in BC
This is where BC differs significantly from most other provinces. Under the FLA, common-law spouses who meet the two-year threshold are entitled to an equal division of family property — the same rule that applies to married couples.
Family property includes:
- The home you lived in together (regardless of whose name is on title)
- Savings and investments built up during the relationship
- RRSPs and pensions accumulated while you were together
- Business interests that grew during the relationship
Property owned before the relationship, inheritances, and gifts from third parties are generally excluded — but their increase in value during the relationship may be shareable.
Common-Law Spousal Support in BC
Common-law spouses have the same right to claim spousal support as married spouses. The test is the same: whether one spouse has a financial need arising from the relationship (for example, from raising children or supporting a partner's career) and whether the other spouse has the ability to pay.
The *Spousal Support Advisory Guidelines* (SSAG) apply equally to common-law relationships. Duration and amount depend on the length of the relationship and the roles each partner played.
What Common-Law Spouses Do NOT Automatically Get
Despite broad rights under the FLA, there are important areas where common-law spouses have fewer automatic protections:
- Intestate succession: If your common-law partner dies without a will, you do not automatically inherit in BC — you must make a claim under the *Wills, Estates and Succession Act* (WESA). Married spouses have stronger automatic rights.
- CPP survivor benefits: Eligibility rules differ and are set federally.
- Spousal RRSP contributions: These require the relationship to meet CRA's definition of 'common-law partner' (generally one year of cohabitation).
The Two-Year Cliff
Because property rights kick in at two years of cohabitation, some couples are surprised to find they have no property claim after a one-year relationship — even a serious one. Others who have lived together for several years may not realize how substantial their rights are.
If your relationship is approaching or has passed the two-year mark, getting legal advice now — before separation, if possible — is far better than scrambling after the fact.
Protecting Yourself with a Cohabitation Agreement
Common-law couples can define their own financial arrangements with a cohabitation agreement — the equivalent of a marriage contract. A well-drafted agreement can specify which property remains separate, what happens to the family home, and whether support would be paid if the relationship ends. This gives both partners clarity and avoids costly disputes later.
Under BC's Family Law Act, two years of living in a marriage-like relationship triggers full spousal rights — including property division and spousal support. If you have a child together, spousal rights apply regardless of the length of cohabitation. Note that other laws (such as federal tax law) may use different timeframes for 'common-law partner' status.
Yes, if the two-year threshold is met. Under the FLA, both spouses have an equal right to remain in the family home after separation — even if only one is on title. The full value of the family home at separation is subject to equal division, regardless of who owned it or whose name is on the mortgage.
Yes. Common-law spouses who meet the FLA's definition of 'spouse' have the same right to claim spousal support as married spouses. The Spousal Support Advisory Guidelines (SSAG) apply to both. The length of the relationship, roles during the relationship, and financial disparity between partners all factor into whether support is paid and for how long.
A common-law partner who has lived in a marriage-like relationship for at least two years is generally treated as a spouse under BC's intestacy rules; a shorter relationship may require a claim under WESA. The surviving partner must make a claim under the Wills, Estates and Succession Act (WESA) — typically a wills variation claim or a claim as a 'spouse' under WESA's definition. This process takes time and money. Having a will that names your common-law partner as a beneficiary is the simplest protection.