Understanding Common Law and Marriage in Canada
What Is a Common Law Relationship in Canada?
A common law relationship in Canada refers to a couple who live together in a marriage-like relationship without being legally married. In general, to fit into the legal definition, you have to be in a committed, romantic relationship with another person whom you live with to be considered common law. Other factors that indicate a common law relationship are sharing financial responsibilities, presenting yourselves as a couple to family and friends, and maintaining an interdependent relationship. Roommates do not meet the definition of common law unless they form a committed, romantic relationship. The legal definition varies slightly by province, but generally, common law partners must live together in a marriage-like relationship for a minimum period—often one to three years—or have a child together to qualify for legal recognition.
In British Columbia, for example, couples are considered common law after living together for two years. In Ontario, the threshold is three years, unless they share a child, in which case it’s one year. Full details of the requirements by province are set out below.
What Is Legal Marriage in Canada?
Legal marriage in Canada is a union recognized by law, requiring a marriage license and ceremony performed by an authorized official. Legal marriage creates a formal legal contract between spouses, granting them a wide range of rights and responsibilities under provincial and federal law.
Key Legal Differences Between Common Law and Marriage
Legal Status and Provincial Variations
One of the most important distinctions between marriage and common law lies in legal recognition. While marriage is universally recognized across provinces and federally, common law relationships may not carry the same weight depending on where you live.
For example, not all provinces treat common law spouses equally when it comes to property division. Federal laws (like those governing income tax and Canada Pension Plan benefits) may recognize common law relationships after one year of cohabitation, but provincial family laws vary significantly.
Division of Assets After Separation
In a legal marriage, assets are typically divided equally according to matrimonial property laws, regardless of whose name is on the title. In some provinces, the law treats married couples and common law couples the same when it comes to dividing assets. This is true in British Columbia, Alberta, Saskatchewan, Manitoba, the Northwest Territories, and Nunavut.
In contrast, in other provinces (Ontario, the Yukon, and the Maritimes), common law couples must prove ownership or contribution to claim an interest in property. Unless there’s a cohabitation agreement or clear shared title, one partner may walk away with significantly less after a breakup. Quebec has a unique system that does not include recognition of common law relationships. Details of Quebec’s system are included below.
Property Ownership: Common Law vs Marriage
In marriage, family property—including the matrimonial home where the couple resides—is usually split equally.
The outcome in the provinces follows the same pattern as the last section. In British Columbia, Alberta, Saskatchewan, Manitoba, the Northwest Territories and Nunavut, family property is assumed to be equally owned by members of a common law couple unless there is a written cohabitation agreement setting out something different.
In the other provinces, property stays with the person who paid for or holds title to it unless the other partner can establish a claim based on contribution (financial or otherwise). This makes property ownership a key difference between common law relationships and marriage.
Financial Implications of Common Law vs Marriage
Legal Benefits of Marriage in Canada
Marriage offers automatic access to a variety of legal benefits, including:
- Spousal inheritance rights without a will
- Spousal RRSP contributions
- Joint tax filing and associated benefits
- Spousal sponsorship for immigration
- Access to pensions and survivor benefits
These legal benefits of marriage are not always automatically extended to common-law partners.
Financial Support and Responsibilities in Common Law Relationships
Common law spouses may still owe spousal support upon separation, especially in long-term relationships or those involving children. However, the burden of proof is often higher, and legal proceedings are more complex.
Marriage formalizes financial responsibilities more clearly, including joint debts, shared property, and mutual rights to spousal support.
When Does a Relationship Become Common Law in Canada?
Legal Criteria and Time Requirements by Province
Each province sets its legal criteria for recognizing a common law relationship. Generally, it’s based on the length of cohabitation.
What Is Common Law in 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.
What Is Common Law in BC?
- 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. BC generally treats married couples and common law couples the same when it comes to property and spousal support rights.
What Is Common Law in 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. Common law couples and married couples have similar rights in Alberta.
What Is Common Law in Manitoba?
- In Manitoba, you may be considered common-law partners if you have lived together continuously for at least three years, or sooner, if you have lived together and had a child together, or if you have registered your relationship with the provincial Vital Statistics Agency. Common law couples and married couples have similar rights in Manitoba.
What Is Common Law in 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. Nova Scotia law still treats married and common-law relationships very differently.
What Is Common Law in 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. Common law couples and married couples have similar rights in Saskatchewan.
What is Common Law in 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.
What is Common Law in 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.
What is Common Law in 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 the division of property.
What Is Common Law in Quebec?
- Quebec does not have specific legislation regarding common-law relationships. Civil unions and marriage are the recognized forms of legal partnerships in Quebec.
What is Common Law in 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. Married and common-law couples have similar rights in Nunavut.
What is Common Law in the Northwest Territories?
- In the Northwest Territories, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together. Married and common-law couples have similar rights in the Northwest Territories.
What is Common Law in the 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.
Proving Common Law Status in Legal Context
If you end up in court for a family law matter or you need to prove your relationship status to the Canada Revenue Agency (CRA), there are several useful pieces of evidence that can establish that your relationship meets the definition of common law. Evidence can include shared financial responsibilities, such as joint bank accounts, credit cards, or co-signed loans, as well as joint ownership or lease agreements for a home. Utility bills, driver’s licenses, or government-issued documents listing the same address also help establish cohabitation. In addition, proof of financial interdependence—such as naming each other as beneficiaries on insurance policies, pensions, or wills—can support a claim. The CRA may also request affidavits from friends or family confirming the relationship, along with documentation showing shared household expenses, travel together, or joint parenting responsibilities if applicable.
In court, especially for family law matters, personal testimony and corroborating evidence like correspondence, photographs, and social media activity can further strengthen the case. Given the subjective nature of common-law status, having clear and consistent documentation is crucial if you have to prove your relationship to a court or the CRA. These requirements can make legal common law recognition more burdensome than marriage, where rights are automatic upon registration.
Pros and Cons of Marriage vs Common Law
While common-law couples in Canada share many legal rights with married couples, there are key differences in the benefits and protections that each status provides, which vary by province. Marriage is a legally recognized union that automatically grants spouses rights and obligations under federal and provincial laws, including inheritance rights, spousal support entitlements, and more straightforward access to pension and survivor benefits. Married couples also benefit from automatic rights in medical decision-making and estate matters, whereas common-law partners may need additional legal documents, such as wills and powers of attorney, to ensure their partner is protected.
Taxation rules for common-law and married couples are largely the same at the federal level, but married spouses may find it easier to claim certain deductions and benefits without additional proof of their relationship. Another key distinction is that, in most provinces, married spouses are automatically entitled to an equal division of property upon separation, whereas common-law couples do not have the same presumptive property rights in all provinces and, without a cohabitation agreement in place, may need to prove financial contributions to family property to claim a share. Given these differences, couples should understand the rules in their province and consider making a cohabitation agreement to ensure both partners are on the same page about the life they are building together and how their assets will be split if they decide to go their separate ways in the future.
Choosing Between Marriage and Common Law
There’s no one-size-fits-all answer in the common law vs marriage debate. Your decision should depend on your values, life goals, and whether you’re prepared to enter into a legally binding contract.
If you’re in a common law relationship, it’s wise to create a cohabitation agreement to protect your rights—just as married couples often create prenuptial agreements. In provinces that don’t provide property rights to common law couples, making a cohabitation agreement is even more important.
Understanding the difference between common law relationships and marriage in Canada can help you make an informed decision about your relationship. Whether you choose the flexibility of common law or the legal protections of marriage, make sure your choice reflects your shared vision for the future.
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