A Guide To Common-Law Partner Relationships in Canada

If you’ve been in a stable, long-term relationship, you may have joked, or been told by others, that you and your partner seem to be married. But are you perhaps legally common-law spouses? Read below to find out how you can prove your common-law relationship. 

 

What is a “common-law partner” in BC?

Under the Family Law Act, the definition of the term spouse includes: 

• if you and your partner are married; or 
• you have lived with another person in a marriage-like relationship for at least 2 years. 

 

How long is the minimum period for a common-law relationship?

This “minimum period” can differ for your intentions to prove your relationship for the latter relating to the two-year standard – for example, if you welcome a child together with your partner, even if they did not propose and you did not have your beautiful wedding, they are your common law spouse instantly. For example, if you are seeking to apply for spousal support, you must live together in a marriage-like relationship for two years, and you must have a child together. If you have a child with the other party, your child will qualify for child support. 

You have lived with your partner for two years, you don’t have a child, but you have endless remarks from family and friends to “just put a ring on it” – what else do you need to prove your partner is your spouse? 

 

How to prove common-law relationships in Canada

For someone to be a common-law spouse, the nitty gritty comes down to proving the marriage-like relationship. How can you do this? It is more than sharing a residence together. Most of us may have shared dorms, but that cannot mean we are spouses with our dorm mates. You will want to show evidence that illustrates the marriage-like quality of your relationship. This can include, but is not limited to, sharing bills, having joint names of ownership to assets such as cars or property in general, or even how you choose to define yourself for federal tax purposes when you complete an income tax return. The more evidence showing how you and your partner are intertwined, the better. 

 

What is a common-law spouse entitled to in BC?

The marriage-like relationship means you have rights as common law spouses, as any married couple would. This includes property rights, rights to support and rights for equal division of income. But do not forget that this means you are also to be held liable for a half stake in all debt accrued during your relationship – not simply the moment you may have had the realization that you are espoused! 

Now that we’ve covered some basics, there is the additional concern of intention. As stated above, you could be residing with someone for a long time, even sharing bank accounts for example, but is this something more? A court will look to the intention of the parties: “particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions” (Code v McLeod, 2023 BCSC 1686). 

 

A helpful guide to determining if you are common-law spouses includes looking for the below:

1. the specific intentions you and the other party share – such as for a lengthy relationship;
2. if you shared financial interdependence (for example, having shared banking accounts); 
3. was your shared residence and time of cohabitation more in the nature of roommates or a couple; 
4. were your interactions and lifestyle generally more of a romantic nature than friendship; and 
5. did you engage in sexual relations and were you intimate with your partner in the sense of fidelity and sharing personal information? 

A Court will typically look to these matters as a starting point to determine if you were engaged in a common-law relationship, and can seek to go further beyond this checklist alone.  

 

If you believe you have been denied claims to legal rights as a spouse, or you would like to determine further information relating to your relationship, please give our firm a call and speak to a lawyer today.