Can Common-Law Partners Be Separated While Living Together in BC?

Many unmarried couples in British Columbia end their relationship but keep sharing a home. Rent is high, a sale may not make sense yet, or the children are settled. If that is you, you may wonder whether you are legally separated or still treated as a couple.

The answer matters more than most people expect. The date of separation affects what you share, what you owe and how long you have to make a claim. This article explains how the Family Law Act approaches the question and how to protect yourself.

This article covers the law of British Columbia.

Can you be separated under the same roof?

Yes. The Family Law Act says spouses may be separated while they continue to live in the same residence. Moving out is not required for a separation to exist.

This applies to unmarried partners too. A person is a spouse if they are married or have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. There is an exception: outside property division and pension division, someone who has lived in a marriage-like relationship for less than 2 years is still a spouse if they have a child with the other person. A spouse also includes a former spouse. So the rules about separation reach common-law partners who qualify.

How a court looks at the evidence

The court may treat it as evidence of separation if one spouse communicates an intention to separate permanently, or takes an action that shows that intention. Telling your partner clearly that the relationship is over is a common example of communication.

The Act does not set out a fixed list of factors for proving a marriage-like relationship or its end, so courts assess the evidence case by case. Two people may describe the same months very differently, which is why clear records help. Examples of the kind of evidence that may come up include:

• What was said or written about ending the relationship
• Any action that shows an intention to separate permanently
• Emails or texts in which one of you communicated an intention to separate permanently
• Other details of your situation, which are worth reviewing with a lawyer

Why the separation date matters

For family property, the date of separation is the reference point. Family property is property owned by at least one spouse, or in which a spouse has a beneficial interest, on the date of separation. Family debt covers obligations incurred during the relationship up to separation, plus certain later debts incurred to maintain family property.

The date also starts the clock. An application for property division, pension division or spousal support must generally be made within 2 years, and for unmarried spouses that period runs from the date they separated. Married spouses are different, because their 2 years run from the divorce judgment or nullity order instead.

The period is suspended while the spouses are in family dispute resolution or a prescribed process. Courts may extend it in some cases, but you should not count on that.

What if you try to reconcile?

Trying again does not always erase a separation, but it can. Spouses are not treated as having separated if, within one year after separating, they resume living together primarily to reconcile and live together for periods totalling at least 90 days.

If you are living together after a split, think about whether the arrangement is a genuine attempt to reconcile or simply a practical choice. The answer can change which date a court uses, so it is worth seeking legal advice if there is any doubt.

Practical steps to record your separation date

• Tell your partner in writing, by email or text, that you intend to separate permanently, and note the date.
• Keep a simple record of when you stopped living as a couple, such as separate bedrooms.
• Separate your finances where you can: individual accounts, and clear arrangements for shared bills.
• Save statements showing property and debts as of the separation date.
• Avoid selling or transferring major assets without advice. A spouse can ask the Supreme Court to restrain the other from disposing of property at issue.
• Diarize the 2-year deadline, counting from separation if you are unmarried.

If you disagree with your partner about the date, or you are unsure whether you meet the 2-year test, speak with a family lawyer. The right date can change what you share and whether a claim is still open.

Frequently asked questions