Do Common-Law Couples Divide Property the Same Way in British Columbia?
This answer covers the law of British Columbia.
Largely yes. A person is a spouse under the Family Law Act if married or if they have lived in a marriage-like relationship for a continuous period of at least 2 years. Having a child together does not change that for property and pension division, because that route is expressly excluded in Parts 5 and 6.
Once you are spouses, the same starting rule applies: unless an agreement or order says otherwise, spouses are equally entitled to family property and equally responsible for family debt. Common-law couples generally share property acquired during the relationship but not property brought into it, and can opt out by agreement. Property owned before the relationship began is excluded property, but its increase in value since the relationship began is shared. The spouse claiming property is excluded must show that it is.
The relationship begins on the earlier of moving in together in a marriage-like relationship or marriage. The 2-year time limit to start a claim runs from the date you separated. Whether your relationship qualifies depends on the facts, so a lawyer can confirm.
Key takeaways
- You are a spouse if you have lived in a marriage-like relationship for a continuous period of at least 2 years.
- Having a child together does not make a couple spouses for property and pension division without the 2-year period.
- Property you brought into the relationship is generally excluded, but its increase in value since the relationship began is shared.
- You can opt out of the default sharing by agreement, and the spouse claiming that property is excluded must show it is.