What Is the Date a Common-Law Relationship Starts in BC for Property Division?
This answer covers the law of British Columbia.
The start date is the earlier of the date you began living together in a marriage-like relationship and the date you married. Once you pass the 2-year threshold, the relationship is counted from the start of cohabitation, not from the day the threshold was reached.
If you dispute the date, the outcome turns on evidence. The Act does not list a fixed set of proof factors for a marriage-like relationship, so courts assess the evidence case by case. The 2 years must also be continuous.
The date matters for property too. Property a spouse acquired before the relationship began is excluded property, and a spouse who claims it must prove it. The increase in value of excluded property since the later of the date the relationship began and the date it was acquired is family property, so the starting value is not shared but the growth is. Property division rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years. For unmarried spouses, the 2-year time limit to apply for property division runs from the date of separation, not from the start date. A lawyer can help if the date is disputed.
Key takeaways
- The relationship begins on the earlier of the date you began living together in a marriage-like relationship and the date you married.
- Property division generally needs at least 2 years of continuous cohabitation in a marriage-like relationship, and once that is met the relationship counts from the start of cohabitation.
- Property owned before the relationship began is excluded property, but its increase in value since the later of the relationship start and acquisition is family property.
- A spouse who claims that property is excluded property must prove it.