Do Common-Law Couples Have the Same Property Rights as Married Couples in BC?
In British Columbia, many couples choose to live together in committed, marriage-like relationships without formally marrying. These relationships—commonly called “common-law relationships”—are recognized under BC’s Family Law Act. Importantly, once certain criteria are met, common-law couples have nearly identical property and debt division rights as married couples upon separation.
When Are You Considered a Common-Law Spouse in BC?
Under the Family Law Act, a person is considered a “spouse” for property division purposes if:
- They have lived with another person in a marriage-like relationship for at least two continuous years, or
- They have lived together for less than two years but have a child together (note: this only grants spousal status for support, not property division).
Once you meet the two-year cohabitation threshold, you and your partner are treated the same as married spouses for property division, spousal support, and related family law matters.
Do Common-Law Partners Have the Same Property Rights as Married Couples?
Yes. If you qualify as a common-law spouse under BC law, the rules for dividing property and debt are essentially the same as for married spouses:
- Family property is generally divided equally, regardless of whose name is on title or account.
- Family debt is also shared equally.
- Excluded property (such as pre-relationship assets, inheritances, or gifts to one spouse) remains with the original owner, but any increase in value during the relationship is shared equally.
What Counts as Family Property?
“Family property” includes almost all property owned by either spouse at the date of separation, except for excluded property. Examples include:
- The family home (even if only one partner is on title)
- Bank accounts, investments, RRSPs, pensions
- Vehicles, business interests, and other significant assets
- The increase in value of excluded property during the relationship
“Family debt” includes mortgages, credit cards, lines of credit, and other financial obligations incurred during the relationship.
What Is Excluded Property?
Excluded property is not divided on separation. It includes:
- Property owned by a spouse before the relationship began
- Gifts or inheritances received by one spouse during the relationship
- Certain types of damage awards and insurance proceeds
However, any increase in value of excluded property during the relationship is considered family property and is divided equally.
What Happens if We Separate?
If you separate after meeting the common-law threshold, you have two years from the date of separation to make a claim for division of property or debt. Resolution can occur by:
- Negotiating a separation agreement
- Mediation
- Court proceedings if no agreement is reached
Can Property or Debt Be Divided Unequally?
The default is equal division, but the court may order unequal division if equal division would be “significantly unfair” considering factors such as the length of the relationship, agreements between the parties, or contributions to property or debt.
Key Takeaways
- In BC, common-law couples who have lived together in a marriage-like relationship for at least two years have the same property and debt division rights as married couples.
- Family property and debt are generally divided equally, with specific rules for excluded property and its increase in value.
- There is a two-year limitation period to bring a property or debt claim after separation.
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