How Long Do You Have to Live Together to Be Common-Law Spouses in BC?
This answer covers the law of British Columbia.
You become a spouse under the BC Family Law Act if you have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. Married people are spouses as well.
There is a shorter route for some matters. Outside property division and pension division, an unmarried person who has lived in a marriage-like relationship and has a child with the other person is a spouse even without 2 years together. That means the child rule can apply to spousal support but not to property or debt division. Where it counts, the relationship begins on the earlier of the date you began living together in a marriage-like relationship or the date of marriage.
Spouses are both entitled to family property and responsible for family debt, and on separation each has a right to an undivided half interest in all family property, subject to any agreement or order. Spousal support is not automatic, though. Unmarried spouses must also start property claims within 2 years of separating. How your situation fits is worth confirming with a lawyer.
Key takeaways
- You are a spouse if you are married or have lived in a marriage-like relationship for a continuous period of at least 2 years.
- Outside property and pension division, an unmarried person who has a child with the other person is a spouse even without 2 years together.
- The child route does not apply to property or debt division, which depends on the two-year rule.
- On separation, spouses each have a right to an undivided half interest in family property and are responsible for family debt, subject to any agreement or order.