What Is a Common Law Relationship in British Columbia
Many people in British Columbia refer to themselves as being in a “common law” relationship, but the legal meaning of that term is often misunderstood. Unlike marriage, common law relationships are not created by a ceremony or registration. Instead, legal rights and obligations arise based on how a couple lives together and how the law defines their relationship.
Understanding whether you are in a common law relationship—and what that means—can have significant legal and financial consequences.
What Does “Common Law” Mean in BC?
In British Columbia, a common law relationship is generally referred to in legislation as a “spousal relationship.” A couple may be considered spouses under BC law if they:
Have lived together in a marriage-like relationship for a continuous period of at least two years, or
Have lived together in a marriage-like relationship for less than two years but have a child together
This definition appears in the Family Law Act and applies regardless of gender.
Importantly, simply dating or occasionally staying together does not automatically create a common law relationship. Courts look at the overall nature of the relationship, not just the length of time.
What Is a “Marriage-Like” Relationship?
Whether a relationship is “marriage-like” depends on the facts. Courts consider a range of factors, including:
Whether the couple lives together full-time
The degree of financial interdependence
Whether expenses or bank accounts are shared
How household responsibilities are divided
Whether the couple presents themselves as a family unit
Emotional and physical intimacy
The intention of the parties
No single factor is determinative. A couple may still be considered common law even if they maintain some financial independence or separate residences, depending on the circumstances.
Legal Rights of Common Law Spouses in BC
Once a couple qualifies as spouses under the Family Law Act, they may have rights and obligations similar to married spouses in certain areas of law.
Property Division
In BC, common law spouses generally have the same property division rights as married spouses. This means:
Family property is typically divided equally upon separation
Family debt is also shared
Assets acquired during the relationship may be subject to division
However, property brought into the relationship, inheritances, and certain gifts may be excluded, although any increase in value of excluded property may be divisible.
Spousal Support
Common law spouses may be entitled to spousal support upon separation, depending on factors such as:
Length of the relationship
Roles assumed during the relationship
Income disparity
Economic disadvantage arising from the relationship or its breakdown
Spousal support is not automatic and must be assessed based on individual circumstances.
Children and Parenting
Parental rights and responsibilities are not dependent on marital status. Whether parents are married, common law, or never lived together, BC law focuses on the best interests of the child when addressing parenting arrangements, guardianship, and child support.
When Common Law Does Not Apply
There are important differences between federal and provincial laws. For example:
Under federal tax law, a couple may be considered common law after 12 months of cohabitation, or sooner if they share a child.
Under provincial family law, the two-year cohabitation rule generally applies unless the couple has a child.
This distinction can create confusion, particularly when individuals believe they are—or are not—spouses for all legal purposes.
Protecting Yourself in a Common Law Relationship
Because common law relationships can create significant legal obligations, many couples choose to enter into a cohabitation agreement. This type of agreement can:
Clarify how property and debt will be divided
Address spousal support obligations
Reduce uncertainty and conflict if the relationship ends
A properly drafted agreement can provide peace of mind and help avoid costly disputes.
How a Lawyer Can Help
Determining whether a common law relationship exists—and what rights flow from it—often requires careful legal analysis. An experienced British Columbia family lawyer can:
Assess whether you qualify as a common law spouse
Explain your rights and obligations
Assist with cohabitation or separation agreements
Represent your interests in negotiations or court proceedings
A common law relationship in British Columbia can carry many of the same legal consequences as marriage, particularly when it comes to property division and spousal support. Because these rights arise automatically based on the nature of the relationship, it is important to understand where you stand under the law.
If you are living with a partner, considering separation, or planning for the future, obtaining legal advice can help you make informed decisions and protect your interests.