For many Canadians, common law relationships are the foundation of family life. Couples build homes, raise children, and plan futures together without legally marrying. But when it comes to property division, inheritance, and financial planning, common law couples often face surprises. The law treats common law partners differently from married spouses in many Canadian provinces, and those differences can have serious consequences if one partner becomes ill, loses capacity, or passes away.
Understanding common law agreements and estate planning is essential to protect yourself, your partner, and your family.
Common law status in Canada is generally based on the length of time two people have lived together in a marriage-like relationship. The definition varies by province and by context. For example:
Because there is no single definition, it is important to confirm how common law status is applied in your province for family law, tax, and estate planning purposes. Check out our article on the different provincial timelines for when you become common-law here.
One of the most common misconceptions is that common law relationships are the same as marriage after a certain number of years. In reality, there are significant differences.
For married spouses, family law provides automatic rights to property division, inheritance, and spousal support. Common law partners do not always receive these protections. For example:
These differences highlight why common law couples need to plan proactively.
Common law rights generally apply once a couple meets the provincial definition of spouse or partner. These rights may include:
But these rights do not extend to automatic inheritance or medical decision-making. Without a will, a power of attorney, or a cohabitation agreement, a surviving partner may have limited legal standing.
Relationship agreements are one of the best ways to reduce uncertainty for common law partners.
What is a common law agreement? In brief, it’s the same thing as a cohabitation agreement. This is the most common legal tool for clarifying financial expectations and commitments for common law couples. Cohabitation agreements are contracts that set out each partner’s rights and responsibilities during the relationship and if it ends.
The purpose of a cohabitation agreement is to provide clarity on financial matters, property division, and support obligations. In the event of a separation, these agreements can prevent conflict, reduce legal costs, and give partners control of how they want to divide their lives instead of leaving decisions to the courts.
What should a cohabitation agreement include? Typically:
For couples who later marry, a cohabitation agreement can be converted into a marriage contract as long as you have included a clause indicating that your agreement should continue to apply in the event you marry.
If you are wondering how to get a cohabitation agreement, you can work with a lawyer in your province or use a digital platform like Jointly to create a customized agreement that meets legal requirements at a fraction of the cost of traditional legal services.
Owning property together is a major consideration for common law partners. The two main forms of joint ownership are joint tenancy and tenancy in common.
The choice between joint tenancy vs tenancy in common has long-term implications. Check out our full article on this subject here. For estate planning in Canada, many couples choose joint tenancy for simplicity, but tenancy in common may be better if partners want to leave their share to children from a previous relationship.
Common law couples can also use agreements to outline how finances will be managed during the relationship. This might include sharing household expenses, contributing to savings, or protecting one partner’s business. In some cases, partners choose to set out support obligations in advance, giving them more certainty if they separate. This is especially important where one partner makes career sacrifices to support the other partner’s career, or steps back from the work force to care for children or aging parents.
Estate planning in Canada is critical for common law partners. Without proper documents, a surviving partner may be left without inheritance, decision-making authority, or financial security.
Unlike married spouses, common law partners are not always guaranteed a share of each other’s estates. If a partner dies without a will, the surviving partner may receive nothing. Estate planning ensures that your wishes are respected and your partner is protected.
In most provinces, common law partners do not have automatic inheritance rights. That means a will is essential. Through a will, you can:
Without a will, your estate will be distributed according to provincial intestacy laws, which may exclude your partner entirely.
Estate planning is not only about what happens after death. It also covers what happens if you lose capacity.
Without these documents, your partner may not have legal authority, even if you have lived together for many years.
The best protection comes from combining a cohabitation agreement with a solid estate plan. Together, they provide:
The rules for common law relationships and estate planning vary significantly across Canada. For example:
Because of these differences, common law estate planning should always take your province into account.
No. In most provinces, common law partners do not automatically inherit. A will is needed to ensure your partner receives your assets.
If your common law partner dies without a will, provincial intestacy rules apply. These rules often leave the surviving partner with nothing, unless other provisions were made.
No. The difference between common law marriage and marriage is significant in Canadian law. Married couples receive automatic inheritance and property rights, while common law partners must create agreements and estate plans to protect themselves.
Yes, a common law partner may be able to contest a will if they were financially dependent on the deceased. However, the process can be lengthy and uncertain.
Entitlements vary by province. A common law partner may have rights to spousal support or property division but generally does not have automatic inheritance rights. Wills, cohabitation agreements, and estate planning documents are necessary for protection.
Bottom line: Common law relationships are increasingly common in Canada, but the law does not automatically provide the same protections as marriage. By combining a cohabitation agreement with estate planning, partners can secure their futures, protect each other, and avoid painful disputes.
In as little as 20 minutes, you can create your cohabitation agreement with Jointly. Get started for free, and secure your future today.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.