- Living together in a marriage-like relationship for at least 2 years can make an unmarried partner a spouse for property division.
- A house you owned before the relationship is excluded property, but any increase in its value since the relationship began is generally shared.
- A spouse who says property is excluded must prove it, and couples can change the default rules by a written agreement.
You owned your home before your partner moved in, and now you are wondering whether two years under one roof means they can claim half of it. The worry is common, and the answer is more detailed than a simple yes or no.
In British Columbia, the Family Law Act sets the rules. This article explains how the two-year rule works, what happens to a house you owned first, and why the growth in its value is treated differently from its starting value.
This article covers the law of British Columbia.
What the two-year rule actually says
Under the Family Law Act, a person is a spouse if they are 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 of those rules by agreement.
Once the two years are met, the relationship is counted from the day you began living together in a marriage-like relationship, not from day 731. Before 2013, unmarried couples could not ask a court to divide property under the family property legislation, however long they had lived together.
Having a child together does not change this for property. A couple together less than 2 years with a child can be spouses for support and parenting matters, but not for property or pension division.
Your house is not automatically split in half
Spouses are generally equally entitled to and responsible for family property and family debt. But family property is not everything either of you owns. Excluded property is kept out of that pool, and it includes property a spouse acquired before the relationship began, inheritances, and gifts from third parties.
If you bought the house before your partner moved in, it is generally excluded property. The starting value is not shared. However, family property also 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 property was acquired. So the growth in value during the relationship is generally shared, even though the house's starting value is not.
There is a narrow exception: the increase in value does not include value received from a discretionary trust.
Where a court can go further
The usual rule can be adjusted. The Supreme Court may order an unequal division of family property or debt if an equal division would be significantly unfair. Factors include the length of the relationship, the terms of any agreement, and contributions to a spouse's career.
The court may divide excluded property itself only in limited cases: where family property or debt outside BC cannot practically be divided, or where not dividing the excluded property would be significantly unfair. On the second ground, the court considers the length of the relationship and a spouse's direct contribution to the property.
| Situation | General result |
|---|---|
| House owned before the relationship | Excluded property; starting value not shared |
| Increase in value since the relationship began | Family property, generally shared |
| Who proves a property is excluded | The spouse making that claim |
| Significantly unfair result | Court may order unequal division or, in limited cases, divide excluded property |
Agreements, time limits and living in the home
Spouses may make agreements dividing property and debt equally or unequally. The court can set aside a witnessed written agreement only on listed grounds, such as a spouse failing to disclose significant property or debts, or not understanding the agreement.
- Time limit: an application for property division must generally be made within 2 years, and for unmarried spouses that runs from the date of separation.
- Married spouses: the 2 years run from the date a divorce judgment is granted or a nullity order is made.
- Staying in the home: the Supreme Court may order a spouse exclusive occupation of the family residence for a specified period, but the order is temporary and gives no ownership interest.
- Protecting property: a spouse can ask the court to restrain the other from disposing of property at issue.
What to do next
- Write down the date you bought the house and the date your partner moved in.
- Collect proof of the house's value at the start of the relationship, such as purchase records or an appraisal.
- Gather records of mortgage payments, renovations and who paid for them.
- Check whether you and your partner have any written agreement about property.
- Note the date of separation if the relationship has ended, because time limits matter.
- Speak with a family lawyer before signing anything or moving out.
How a court would treat your house depends on the facts, so a lawyer can confirm how these rules apply to you.
Frequently asked questions
Does my partner automatically own half my house after two years?
No. Living together for 2 years can make a partner a spouse for property division, but a house you owned before the relationship is generally excluded property. The increase in its value since the relationship began is generally shared.
What if my partner helped pay the mortgage or renovate?
The Act lets the court order an unequal division, or divide excluded property, where a result would be significantly unfair, and it looks at contributions in some of those cases. How that plays out depends on the facts, so it is worth getting legal advice.
Can we avoid this with an agreement?
Yes. Couples can opt out of the property division rules by agreement, and spouses may divide property equally or unequally by agreement. A witnessed written agreement can be set aside only on listed grounds, such as non-disclosure.
How long does my partner have to make a claim after we separate?
Generally 2 years from the date of separation for unmarried spouses. The period is suspended while the spouses are in family dispute resolution or a prescribed process.
Sources
- Family Law Act, SBC 2011, c. 25, s. 3 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Common-law property and debt — www2.gov.bc.ca
- Family Law Act s. 81 — bclaws.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.
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