When am I common law?

Around certain milestones like moving in together or sharing an anniversary, many people start to wonder whether they are suddenly legally or financially intertwined with their partners under family law.  For unmarried couples, this legal status is called “common-law”, and that status arises when a couple has been living together in a “marriage-like relationship” (a romantic relationship where you live together and share expenses and obligations) for a certain amount of time.  The amount of time it takes to be considered common-law (and how being in a common-law relationship affects your rights) varies from province to province. We’ve set out a short note about the rules by province below. 

Once you are common-law, in some provinces, you have many of the same rights and responsibilities as if you were legally married.  Depending on which province you live in, this could include a presumed 50-50 split of debts and assets (unless the property is excluded property) and a potential entitlement to spousal support if the relationship ends.  On the other hand, in some provinces, there is no assumption that property will be shared if the relationship ends, though there is often still entitlement to spousal support, and requirements for care of children.

Becoming common-law is not the only way outside of marriage to become financially or legally intertwined with your partner.  For example, if you purchase a home together early in a relationship, or have a child together while living apart, you will have certain legal and financial obligations that bind you together.  In those circumstances, it makes sense to make a relationship agreement, even if you don’t yet meet the definition of common-law.

At Jointly, we can help you and your partner work together to build a relationship agreement that works for you.  Click here to get started!

Common-Law by Province:

Alberta:

In Alberta, you may be considered common-law partners (referred to in Alberta as “adult interdependent partners”) if you have lived together continuously for at least three years or sooner, if you have a child together.

British Columbia:

In BC, you may be considered common-law partners if you have lived together in a marriage-like relationship for at least two years or sooner, if you have a child together.

New Brunswick:

New Brunswick recognizes common-law relationships if you have lived together in a romantic relationship for at least three years or sooner if you have a child together.  New Brunswick law gives different rights to people in common law relationships as compared to married couples.

Newfoundland and Labrador:

In Newfoundland and Labrador, common-law relationships are recognized if you have lived together continuously for at least two years but Newfoundland laws still treat married and common-law relationships very differently.

Nova Scotia:

Nova Scotia recognizes common-law relationships if you have lived together continuously for at least two years or sooner, if you have a child together.  Like Newfoundland, Nova Scotia law still treats married and common-law relationships very differently.

Ontario:

In Ontario, you may be considered common-law partners if you have lived together in a conjugal relationship continuously for at least three years or for one year, if you have a child together.  Ontario law gives different rights to people in common law relationships as compared to married couples.

Prince Edward Island:

Common-law relationships are recognized in PEI if you have lived together for at least one year or sooner, if you have a child together.  In PEI, the rights of common law spouses differ from married spouses in division of property.

Quebec:

Quebec does not have specific legislation regarding common-law relationships. Civil unions and marriage are the recognized forms of legal partnerships in Quebec.

Saskatchewan:

In Saskatchewan, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together.

Nunavut:

In Nunavut, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together.

Northwest Territories:

In NWT, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together.

Yukon:

In the Yukon, common-law relationships are recognized if you have lived together continuously for at least one year.  Family law in the Yukon continues to treat common-law couples and married couples very differently.