Understanding the rights and obligations of cohabiting partners in British Columbia
The legal status of common-law couples in British Columbia is often misunderstood. While many cohabiting partners assume their rights mirror those of married spouses, the law draws specific distinctions – particularly when it comes to property division, spousal support, and estate entitlements.
Under BC’s Family Law Act, cohabiting partners in a marriage-like relationship often have the same legal rights and responsibilities as married spouses. However, there are important distinctions, especially around inheritance law and the timing of when certain rights apply.
In this post, we’ll clarify the legal definition of a common-law relationship in BC, explain what rights and obligations arise, and highlight how these compare to formal marriage.
When Are You Considered a “Spouse” in British Columbia?
According to the BC Family Law Act – Section 3, you are considered a spouse if:
- You are legally married, or
- You have lived together in a marriage-like relationship for at least two years, or
- You have lived together for less than two years but share a child, in which case you may be a spouse for spousal support purposes only.
Understanding whether you meet the definition of “spouse” is the first step in asserting your rights under family law in BC.
Property Division Rights for Common-Law Partners
After two years of cohabitation, common-law partners in BC have the same rights as married couples when it comes to property and debt division. That means:
- Family property is typically divided equally, regardless of who paid for it or whose name it’s under.
- Family debt is also shared, including credit cards, loans, or lines of credit taken on during the relationship.
Family property includes:
- The family home (even if only one person is on title)
- Bank accounts, savings, investments, pensions
- Vehicles, furniture, and jointly owned businesses
Excluded property may include:
- Assets owned before the relationship began
- Inheritances or gifts given specifically to one partner
- Court settlements or awards for personal injury
However, if excluded property increases in value during the relationship, the increase in value is usually subject to division.
For more on this topic, see our guide to property division and asset protection.
Spousal Support: When Common-Law Spouses Qualify
If a common-law relationship ends and you qualify as a spouse, you may be eligible to receive or pay spousal support. Support is not guaranteed; the courts will consider:
- How long you lived together
- Any sacrifices made by one partner (e.g. career changes to raise children)
- Financial disadvantage or disparity between the partners
- The recipient’s financial need and the payor’s ability to pay
If you lived together for less than two years but have a child together, you may still qualify for spousal support, even though you are not entitled to property division.
For more details, consult the BC Government’s guide to spousal support.
Differences Between Common-Law and Married Couples in BC
Here are some important distinctions between married and common-law spouses under BC law:
- Becoming a spouse:
- Married: Immediate
- Common-law: After 2 years of cohabitation (or if you have a child together, for spousal support only)
- Property division:
- Married and common-law (after 2 years): Equal division of family property and debt
- Common-law (under 2 years, no children): No entitlement to property division
- Spousal support:
- Available to both, but depends on circumstances
- Estate rights upon death (intestate succession):
- Married spouses: Automatic rights to inheritance under Wills, Estates and Succession Act (WESA)
- Common-law spouses: Must prove spouse status and may have to make a claim under WESA if not named in a Will
🡒 For an in-depth look at this, visit our Wills and Estate Planning page.
Why Estate Planning Is Critical for Common-Law Couples
Unlike married spouses, common-law partners are not automatically entitled to inherit if their partner dies without a will. If you’re in a common-law relationship, it is vital to:
- Create a valid will that names your partner
- Consider a representation agreement or power of attorney
- Review beneficiary designations on RRSPs, pensions, and insurance policies
Protecting Yourself: Cohabitation and Separation Agreements
To reduce the risk of disputes or financial surprises, common-law couples should consider legal agreements such as:
- Cohabitation agreements – Outlines rights and responsibilities while living together
- Separation agreements – Sets out terms if the relationship ends, including property division and support
These agreements can override the default provisions of the Family Law Act if drafted properly with independent legal advice and full financial disclosure.
Key Takeaways
- In BC, common-law couples are treated as spouses under the Family Law Act after two years of living together or if they share a child.
- Once considered spouses, they have rights to property division and spousal support, much like legally married couples.
- Inheritance rights are not automatic for common-law partners – estate planning is essential.
- To protect your rights and avoid future disputes, consider entering into a cohabitation or separation agreement.
Need Legal Advice About Your Common-Law Relationship?
Whether you’re entering a common-law relationship, navigating a separation, or facing questions around your legal rights, the team at ALG Lawyers is here to help. Our experienced family and estate lawyers can guide you through your options and protect your interests.
Contact ALG Lawyers today to schedule a confidential consultation.
