Are Common-Law Partners Entitled to Property Division in BC?

If you and your partner lived together without marrying, you may be unsure whether you have any right to a share of what you built. In British Columbia, the answer often turns on how long you lived together in a marriage-like relationship.

This article explains when an unmarried partner counts as a spouse under the Family Law Act, what is generally shared, and the deadlines that apply. Every relationship is different, so use this as a starting point and confirm the details with a lawyer.

This article covers the law of British Columbia.

When a common-law partner becomes a spouse

Under the Family Law Act, a person is a spouse if they are married, or if they have lived in a marriage-like relationship for a continuous period of at least 2 years. A spouse also includes a former spouse.

The relationship begins on the earlier of moving in together in a marriage-like relationship or marriage. So the 2-year count generally starts when you began living together in that way, not on the day a lease or title changed.

Before 2013, unmarried couples could not apply to court to divide property. That is no longer the case for couples who meet the definition.

Children do not shorten the 2 years

The Act has another way of becoming a spouse: having a child with the other person while in a marriage-like relationship. That route applies everywhere except Parts 5 and 6, which are the parts covering property and pension division. So having a child does not make a couple spouses for property and pension division without the 2-year period.

The child may still matter for other issues, such as parenting and support, which follow their own rules.

What common-law spouses generally share

Common-law couples in a marriage-like relationship for at least two years generally share property acquired during the relationship but not property brought into the relationship. In other words, the same family property and excluded property framework applies as for married spouses.

• Family property is what each spouse owns on the date of separation, whoever's name it is in. Examples include the family home, RRSPs, investments, bank accounts and pensions.
• Excluded property includes property acquired before the relationship began, inheritances and gifts from a third party.
• The increase in value of excluded property since the later of the start of the relationship or the property's acquisition is itself family property and is shared.
• Family debt incurred from the start of the relationship to separation is generally shared as well.

Unless an agreement or order says otherwise, spouses are equally entitled to family property and equally responsible for family debt. A court can order an unequal division only if an equal one would be significantly unfair.

Agreements, separation and time limits

Common-law couples can opt out of the default rules by agreement. Spouses may agree in writing to divide property and debt equally or unequally, or to change what is included or excluded. A court cannot override a written, witnessed agreement unless it is set aside.

Date of separation matters. Spouses may be separated while living in the same residence, and a court can consider a communicated intention to separate permanently as evidence. Spouses are not treated as separated if they reconcile within one year and live together for at least 90 days in total.

The deadline is suspended while the persons are in family dispute resolution with a family dispute resolution professional or a prescribed process. Do not rely on that without advice.

What to do next

• Work out the date you began living together in a marriage-like relationship, and gather proof such as leases, mail and bills.
• Pin down your separation date and note anything that shows when it was communicated.
• List what each of you owned on separation, what was brought in, and what debts exist.
• Check whether you ever signed a cohabitation or property agreement.
• Mark your 2-year deadline in your calendar, and speak with a lawyer early if you are near it.

Frequently asked questions