- A relationship begins on the earlier of the date you began living together in a marriage-like relationship and the date of marriage.
- Once the 2-year threshold is met, the relationship is counted from the start of cohabitation, not from day 731.
- Property you owned before the relationship is excluded, but its increase in value since the relationship began is family property.
When a common-law relationship ends, one date often drives the whole property discussion: when the relationship started. It affects whether you are a spouse for property purposes, and it affects what counts as shared family property and what stays yours.
This article explains how British Columbia's Family Law Act treats the start date, how the two-year mark works, and why the date matters for things like a house one of you owned before moving in together.
This article covers the law of British Columbia.
Which date counts as the start
A relationship between spouses begins on the earlier of two dates: the date they began to live together in a marriage-like relationship, and the date of their marriage. For an unmarried couple, that means the date you began living together in a marriage-like relationship.
The Act does not list a fixed set of proof factors for a marriage-like relationship, so courts assess the evidence case by case. Moving a toothbrush in or sharing an address on paper may not settle it. Because the date can be disputed, it helps to have records that show when your lives became joined.
How the two-year mark works
A person is a spouse if married, or if they have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. Property division rules apply to unmarried couples who meet that two-year test, and couples can opt out by agreement.
Reaching two years does not mean the relationship only starts then. Once the 2-year threshold is met, the relationship is counted from the start of cohabitation, not from day 731. That matters because assets acquired in the first two years still fall to be analyzed as acquired during the relationship.
The period must be continuous. If you separated and later resumed living together, the answer depends on the facts. One rule to know: 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 lived together less than 2 years but have a child together, you may be a spouse for support and parenting, but not for property or pension division.
Why the date matters for family property
Family property is property owned by at least one spouse, or in which at least one spouse has a beneficial interest, on the date of separation. It includes shares, business interests, tax refunds, bank account money, annuities and pension entitlements. Spouses are generally equally entitled to and responsible for family property and family debt.
Excluded property is kept out of that pool. It includes property a spouse acquired before the relationship began, inheritances, gifts from third parties, most personal injury damages and settlements, certain insurance payments, and property derived from these. A spouse who claims property is excluded must prove it.
| Item | Usual treatment | Why |
|---|---|---|
| Savings built up while living together | Family property | Owned on the date of separation |
| House owned before the relationship began | Excluded property | Acquired before the relationship began |
| Increase in that house's value since the relationship began | Family property | Increase in excluded property is included |
| An inheritance | Excluded property | Inheritances are excluded |
Increases in value and the later date
Family property includes the amount by which the value of excluded property has increased since the later of the date the relationship began and the date the excluded property was acquired. So the increase in value of a house bought before the relationship is shared, but the house's starting value is not. This is why an agreed start date and a record of what the property was worth then can be important.
There is an exception: the increase in value of excluded property does not include value received from a discretionary trust.
Courts have some flexibility in unusual cases. The Supreme Court may order an unequal division of family property or debt if equal division would be significantly unfair, considering factors such as the length of the relationship. The court may divide excluded property only if family property or debt outside BC cannot practically be divided, or if not dividing it would be significantly unfair.
What to do next
- Pin down the date you began living together in a marriage-like relationship, and gather documents that support it.
- Write down which assets and debts you each had on that date.
- Collect proof for anything you say is excluded property, since you must prove it.
- Get valuations or statements for property that existed before the relationship, to measure later increases.
- Check whether you signed an agreement dividing property, as spouses may agree to equal or unequal division.
- Remember the 2-year time limit for property division, which for unmarried spouses runs from separation.
If you and your former partner disagree about the start date, speak to a lawyer early, since it can change the outcome.
Frequently asked questions
Does the relationship start when we signed a lease or moved in?
The Act looks to the earlier of the date you began living together in a marriage-like relationship and the date of marriage. Courts assess the evidence case by case, so a lease or move-in date is only part of the picture.
Do the first two years count if we were not yet spouses?
Yes. Once the 2-year threshold is met, the relationship is counted from the start of cohabitation, not from day 731.
Is a house I owned before moving in shared?
The house itself is excluded property if acquired before the relationship. The increase in its value since the relationship began is family property. You would need to prove the property is excluded.
Can we avoid these rules?
Couples can opt out of the property division rules by agreement. A witnessed written agreement can be set aside only on listed grounds, such as failure to disclose significant property or debts. Get legal advice before signing.
Sources
- Family Law Act, SBC 2011, c. 25, s. 3 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act s. 83 (Part 5) — bclaws.gov.bc.ca
- gov.bc.ca – Common-law property and debt — www2.gov.bc.ca
- Family Law Act s. 198 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Ask our Team for a quote. We reply by email.