Does choosing not to get married protect you from the financial consequences of separation? It is a question worth asking before making assumptions about what living together means under the law. Many people assume that marriage creates legal and financial obligations between partners. Others believe that if they never marry, they can walk away from a relationship without having to consider how their property, debts or finances might be divided.
In British Columbia, the reality is more complicated. Under BC’s Family Law Act, unmarried couples who live together in a marriage-like relationship can become spouses for certain legal purposes. This can happen without a wedding, a marriage certificate or any formal declaration that they are common law. Understanding what this means, how long you need to live together and which dates matter can help you make informed decisions about your relationship and financial future.
What Is Common Law in BC?
In BC, common law is often used to describe couples who live together in a marriage-like relationship without being legally married. However, the rights and responsibilities that come with this status depend on which law applies.
Under BC’s Family Law Act, unmarried couples generally qualify as spouses for property and debt division after living together in a marriage-like relationship for at least two continuous years. For spousal support, the rules are different. Unmarried couples who have lived together for less than two years may qualify as spouses if they have a child together.
Being considered common law under BC family law does not mean you are legally married. It means the law recognizes certain rights and obligations arising from your relationship.
How Long Do You Have to Live Together to Be Common Law in BC?
One of the most common questions people ask is how long they have to live together before they are considered common law in British Columbia. For property and debt division, the general rule is two continuous years of living together in a marriage-like relationship. However, the date you began living together can matter just as much as the date you reach the two-year mark.
For common law spouses who later marry in BC, the relationship between spouses begins on the earlier of the date they began living together in a marriage-like relationship and the date they married.
For example, imagine a couple who begin living together in a marriage-like relationship in 2018 and marry in 2022. If they later separate, the date they began living together is relevant when determining their family property and debt rights.
Similarly, if an unmarried couple meets the two-year requirement, the date their marriage-like relationship began will affect the calculation of family property. This can be particularly important when one partner owned a home or had investments before the relationship began. The key point is that marriage is not necessarily the starting point for determining property rights under BC family law.
Common Law Marriage in British Columbia, Canada: Is It the Same as Being Married?
People often search for common law marriage in British Columbia, Canada, because they want to know whether living together eventually makes them legally married. The answer is no. Living together for two years does not turn an unmarried couple into a legally married couple. However, for certain family law purposes, qualifying unmarried spouses have rights and responsibilities similar to those of married spouses.
There are some important differences:
- Ending the relationship: Married spouses need a divorce order to legally end their marriage. Unmarried spouses do not need a divorce, although they may need to resolve their financial and parenting arrangements with a separation agreement.
- Property and debt division: The BC property division rules generally apply to married spouses and unmarried spouses who have lived together in a marriage-like relationship for at least two years.
- Spousal support: Both married and qualifying unmarried spouses may be entitled to spousal support, depending on their circumstances. Unmarried couples who have a child together may qualify even if they have lived together for less than two years.
- Time limits: The deadline to apply to court for certain financial orders differs depending on whether you were married or unmarried.
The details matter. Not being married does not necessarily mean you have no financial obligations to one another.
What Is a Common law Spouse Entitled to in BC?
A common law spouse who meets the requirements under BC’s Family Law Act may have rights relating to family property, family debt and spousal support.
Property and debt: Family property and family debt are generally divided equally, subject to the legislation, any applicable agreement and the circumstances of the case.
Property owned before the relationship began may qualify as excluded property. However, the increase in its value during the relationship may be subject to division.
For example, if one partner owned a home before the relationship began, the home itself may qualify as excluded property, while some or all of the increase in its value during the relationship may be family property.
Spousal support: A qualifying common law spouse may be entitled to financial support following separation. Entitlement, amount and duration depend on factors such as the length of the relationship, each person’s financial circumstances and the roles they took on during the relationship.
Having these rights does not automatically mean that one partner will receive a particular asset or a specific amount of support. Each situation depends on its circumstances and the applicable law.
What Happens When a Common Law Relationship Ends?
When a common law relationship ends, there may be decisions to make about the family home, investments, pensions, savings and debts, as well as possible spousal support. These are similar to the financial issues married couples may face when they separate.
The date of separation is also important. Under BC’s Family Law Act, unmarried spouses generally have two years from the date of separation to apply to court for certain property division, pension division and spousal support orders. For married spouses, the corresponding deadline is generally two years after a divorce order.
Other legal issues may involve child support and parenting arrangements. These are addressed under their own rules, and parental obligations do not depend on whether the parents were married.
Because the rules can be complex, obtaining legal advice about your circumstances or working with an experienced family mediator can be important.
Does It Make a Difference Whether You Get Married?
Marriage and common law relationships are not identical under the law, but choosing not to marry does not necessarily avoid the financial implications of separation. If you are living together, buying a home, accumulating investments or making financial decisions as a couple, it is worth understanding how BC family law may apply to your relationship.
This is especially important when partners bring different assets or levels of income into a relationship, or when one person makes financial or career decisions that affect their ability to earn an income in the future.
You may also want to consider whether a cohabitation agreement would be appropriate. Cohabitation agreements can help couples clarify how property, debt and support issues will be addressed if their relationship ends. The terms, drafting and enforceability of an agreement matter, so independent legal advice can be valuable.
The key is not whether you choose to marry. It is whether you understand the legal and financial implications of the choices you make together.
How Can Mediation Help When a Common law Relationship Ends?
When a common law relationship ends, there may be many decisions to make about property, debt, support and, where applicable, parenting arrangements. Family mediation provides an opportunity to work through these decisions with the assistance of a mediator. Rather than leaving every unresolved issue to a court, couples can work towards a practical agreement that reflects their circumstances and priorities.
In my practice, I help separating couples work through the financial and parenting decisions involved in separation in a structured, respectful and solution-focused process.
You do not have to be married to benefit from family mediation. If you are separating from a common law partner, mediation may help you understand the issues that need to be addressed, explore options and work towards a comprehensive separation agreement.
Frequently Asked Questions About Common Law in BC
When are you considered common law in BC?
Under BC’s Family Law Act, unmarried couples generally qualify as spouses for property and debt division after living together in a marriage-like relationship for at least two continuous years. For spousal support, the rules are different if the couple has a child together.
How long before you are common law in BC?
The general requirement for property and debt division is two continuous years of living together in a marriage-like relationship. Simply sharing a home does not necessarily establish a marriage-like relationship; the circumstances of the relationship matter.
What is a common law spouse entitled to in BC?
Depending on the circumstances, a qualifying common law spouse may have rights relating to family property, family debt and spousal support. The rules generally resemble those that apply to married spouses, but eligibility and the outcome depend on the particular issue and circumstances.
Does common law start from the date you move in together?
The date a marriage-like relationship began is important under BC family law. If an unmarried couple meets the legal requirements, that date may affect property division. If the couple later marries, the relationship generally begins for these purposes on the earlier of the date they began living together in a marriage-like relationship and their wedding date.
Can you avoid common law status by not getting married?
Not necessarily. Under BC’s Family Law Act, unmarried couples who live together in a marriage-like relationship for at least two continuous years generally qualify as spouses for property and debt division. They may also qualify for spousal support, including in some circumstances before two years if they have a child together.
Thinking about separating from a common law partner? I offer family mediation in Victoria and online across British Columbia. Contact Amy to arrange a free consultation and learn whether mediation may be a good fit for your situation.
Every situation is different. This article provides general information about BC family law and is not a substitute for legal advice tailored to your circumstances.