BC Family Law Act · Common Law Couples
Many BC couples assume they have the same rights as married couples after living together long enough. The reality is more nuanced — and getting it wrong can cost you significantly.
What is Common Law in BC? Definition & The Two-Year Rule
is a legal status that grants unmarried couples the same family law rights as married spouses — but only if you meet specific criteria. BC law uses the term
for both married and unmarried couples, but the threshold for qualifying matters enormously. Under the
, you are considered a spouse if you have lived with your partner in a "marriage-like relationship" for at least
, OR if you have a child together regardless of how long you have been together.
, you gain family law rights including property division, spousal support, and parenting rights — identical to married couples. However, the rules differ significantly in other areas like wills and inheritances.
applies the same 2-year threshold when it comes to inheritance rights — meaning a surviving common law partner of 2+ years may have rights to vary or inherit from a deceased partner's estate.
"Marriage-like" is not simply about living under the same roof. BC courts look at a constellation of factors, including:
No single factor is determinative. Courts look at the full picture of your relationship and its duration. If you are unsure whether your relationship qualifies, legal advice early is the best investment.
What Rights Common Law Couples Share With Married Couples
Once a relationship meets the qualifying threshold, common law couples have access to many of the same legal protections as married couples. These include:
Common Law Property Division: Critical Differences From Married Couples
Married couples split family property 50/50 by default under the Family Law Act. Common law couples do
have this automatic right — and many people are unaware of this until it is too late.
Instead of an automatic equal split, common law couples who separate must rely on
. These are judge-made legal principles that ask: has one party been enriched at the other's expense, without a legal reason for that enrichment?
Courts look at a range of contributions — financial and non-financial — when assessing these claims:
The result: common law property disputes can be far more
than married property disputes. Even the family home — if it is only in one partner's name — requires a proven legal claim by the other. This is why proactive planning (a cohabitation agreement) is so valuable for unmarried couples.
in BC is governed by the Family Law Act, which treats unmarried partners the same as married spouses once you reach the 2-year threshold. Common law partners are fully eligible to apply for
after 2 years of cohabitation (or immediately if they have a child together). The same
that apply to divorcing married couples apply here — meaning the framework for calculating amount and duration is identical.
common law spousal support rights in BC are automatic at 2 years
, unlike property division where the rules differ significantly. No marriage certificate required.
Key factors courts consider in common law spousal support cases include:
can set, modify, or waive spousal support in advance — giving both parties certainty. Without one, spousal support is determined by negotiation, mediation, or court, using the same legal tests that apply to married couples.
Cohabitation Agreements: Protecting Common Law Couples Before It's Too Late
is a written contract between unmarried partners that defines each person's rights and responsibilities — both during the relationship and if it ends. Think of it as a prenuptial agreement for common law couples.
The ideal time to get a cohabitation agreement is
, but it can be completed at any point during the relationship. To be enforceable in BC, the agreement must be in writing, signed, and witnessed — and each party should have
If the couple later marries, a cohabitation agreement can typically be converted to a
(the BC equivalent of a prenup) with minimal additional work.
BC Separation Checklist — What to Do First
Legal, financial, and housing steps to protect yourself when a common law relationship ends.
How Much Does a Family Lawyer Cost in BC?
Plain-language breakdown of legal fees for common law disputes, property claims, and support matters.
The Justice Institute of BC offers a free, court-accepted online course covering the legal, emotional, and practical side of parenting through separation — whether you are married or in a common-law relationship.
A free BC resource for children, teenagers, and parents going through separation — plain-language guides covering what changes and what stays the same for your family.
Common Law BC — The Complete Legal Framework
Common law relationships in British Columbia are legally recognised on the same footing as marriages under the
, once a qualifying threshold is met. Understanding this framework — and the critical differences from married couples — is essential for protecting your financial future.
What Qualifies as "Common Law" in BC — The Two-Year Threshold
In BC, you are considered spouses under the Family Law Act in two situations:
You have lived together in a marriage-like relationship for at least 2 consecutive years. This 2-year period is calculated from the date you began living together with the intent to establish a committed partnership — not necessarily from the first date you met.
You have a child together, regardless of how long you've cohabited. Unmarried parents are treated as spouses for purposes of spousal support, child support, and inheritance rights — immediately.
This is the critical triggering date for
spousal support rights, parenting rights, and inheritance claims
for automatic property division. Property rights remain governed by separate legal doctrines (unjust enrichment and constructive trust), not the automatic 50/50 split available to married couples.
The Asymmetry: Why Common Law Property Division Is Different
This is where many common law couples run into trouble.
After 2 years, common law partners gain the same spousal support and parenting rights as married couples, but they do NOT gain automatic property division rights.
(defined broadly under the Family Law Act) 50/50 by default, unless they have a marriage agreement stating otherwise. This is automatic and straightforward.
Common law couples, by contrast, must prove one of two legal doctrines to claim a share of property in the other partner's name:
You contributed to the property (financially or through domestic labour) without receiving anything in return, and it would be unjust to allow the other person to keep that entire benefit. This is fact-intensive and requires detailed proof.
A more aggressive remedy. Courts can impose a constructive trust over property where it would be unconscionable for one partner to retain full ownership after the other made substantial contributions, often with an understanding (expressed or implied) that they would share in ownership.
— meaning the outcome is less certain than the automatic 50/50 split married couples receive. Courts must evaluate the unique circumstances, the nature of contributions, the parties' intentions, and other equitable considerations. This uncertainty creates risk and cost.
Real-World Scenarios: Where Common Law Couples Run Into Trouble
Scenario 1: The Family Home in One Partner's Name