- You are generally a spouse under the Family Law Act if you have lived in a marriage-like relationship for a continuous period of at least 2 years.
- Common-law spouses generally share property acquired during the relationship but not property brought into it, and can opt out by agreement.
- The time limit to start a property claim is generally 2 years from the date of separation for spouses in a marriage-like relationship.
Many couples in British Columbia live together for years without marrying. When that relationship ends, a common question is whether the law treats you the same as a married couple when it comes to property.
The answer depends largely on how long you lived together. This article explains when an unmarried partner counts as a spouse, how property and debt are generally divided, and the deadline to take action.
This article covers the law of British Columbia.
When you count as a spouse
Under the Family Law Act, a person is a spouse if married, or has 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. That start date matters because it helps decide what is family property.
Having a child together does not change this for property purposes. The provision that treats a person who has a child with the other person as a spouse is expressly except in Parts 5 and 6, so it does not make a couple spouses for property and pension division without the 2-year period.
How property is divided
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, and they can opt out by agreement. Before 2013, unmarried couples could not apply to court to divide property.
Once you are spouses, the usual rules apply. Unless an agreement or order says otherwise, spouses are equally entitled to family property. Family property is everything the spouses own separately or together on the date of separation, whatever name it is in.
| Type of property | General treatment |
|---|---|
| Home, savings, investments, pensions earned in the relationship | Family property, shared equally unless an agreement or order says otherwise |
| Property owned before the relationship, inheritances, third-party gifts | Excluded property |
| Increase in value of excluded property since the relationship began or acquisition, whichever is later | Family property and shared |
If you say an item is excluded, you must demonstrate that. In rare cases a court may order unequal division where equal division would be significantly unfair.
Debts and pensions
Spouses are equally responsible for family debt unless an agreement or order says otherwise. Family debt is obligations incurred from the start of the relationship to separation, and after separation only if incurred to maintain family property.
A division between spouses does not bind a lender, so a debt in one spouse's name remains owed to the creditor by that spouse. A spouse's pension entitlement is family property, and only the portion earned during the relationship is shared.
The time limit to apply
A proceeding to divide property or family debt, or to divide a pension, must be started no later than 2 years after a set date. For spouses in a marriage-like relationship, that date is when they separated; for married spouses, it is the date a divorce judgment is made or an order declares the marriage a nullity.
The time limit is suspended while the persons are in family dispute resolution with a family dispute resolution professional or a prescribed process. Because deadlines can be missed easily, confirm your date with a lawyer early.
What to do next
- Work out the date you started living together in a marriage-like relationship and the date you separated.
- List what each of you owned when you separated and what each of you owes.
- Collect proof for anything you say you brought into the relationship.
- Check whether you have a written agreement, since spouses can agree to change what is included or excluded.
- Note your deadline and get legal advice before it passes.
If you apply to the Supreme Court, you generally file a financial statement in Form F8 with income documents. A lawyer can explain which steps apply to you.
Frequently asked questions
Do I need to have lived together for a certain time to claim property?
Generally yes. A person is a spouse if married or has lived in a marriage-like relationship for a continuous period of at least 2 years. Having a child together does not by itself make a couple spouses for property division.
Do I share what my partner owned before we moved in?
Generally not. Common-law spouses share property acquired during the relationship but not property brought into it. However, the increase in value of that property since the relationship began is shared.
Can we opt out of sharing property?
Yes, by agreement. Common-law couples can opt out, and spouses may agree in writing to divide property equally or unequally or change what is included or excluded.
How long do I have to apply to court?
For spouses in a marriage-like relationship, a proceeding must generally be started no later than 2 years after the date of separation. The time limit is suspended while you are in family dispute resolution.
Sources
- BC Laws – Family Law Act, Part 5 (Property Division) — bclaws.gov.bc.ca
- Province of BC – What happens to family property when spouses separate? — www2.gov.bc.ca
- BC Laws – Family Law Act, Part 6 (Pension Division) — bclaws.gov.bc.ca
- BC Laws – Family Law Act, Part 10 — bclaws.gov.bc.ca
- BC Laws – Family Law Act, Part 1 — bclaws.gov.bc.ca
- Province of BC – Common-law relationship property and debt — www2.gov.bc.ca
- BC Laws – Supreme Court Family Rules, Form F8 — 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
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