In Canada, many couples live together in long-term relationships without ever legally marrying. But at a certain point, the law may consider you to be in a “common law” relationship. So when exactly does that happen, and what does it mean?
This guide breaks down what common law means in Canada, how it differs from marriage, what your rights and responsibilities are, and how common law status is defined in each province.
The short answer is: it depends. There are two key factors that typically determine common law status in Canada:
At the federal level, such as for taxes and immigration, you are considered common law after living together continuously for 12 months or having a child together. But provincial rules for common law relationships — especially when it comes to property division and spousal support — can be very different.
Common law in Canada refers to couples who live together in a relationship that resembles marriage, but without having legally tied the knot. A common law partner is someone you’ve been living with in a committed, romantic relationship — often sharing finances, household responsibilities, and long-term plans.
The legal implications of common law relationships vary depending on the issue (like taxes, housing, benefits, or separation) and where you live in Canada.
In most provinces, you’re considered common law after living together continuously for one to three years, depending on the province. In some cases, having a child together reduces the time requirement.
Here are the general timelines for common law status:
You don’t need to call each other “wife” or “husband” to be common law. These titles don’t change your legal status — what matters is how long you’ve been living together and the nature of your relationship. If you meet the criteria in your province, the law may recognize you as common law, even if you haven’t signed anything or changed how you refer to each other.
Not necessarily. While living together for a certain length of time is a key factor, it’s not the only one. Some provinces look at other indicators of a marriage-like relationship, such as:
In many cases, you aren’t “automatically” common law — but after meeting the time requirement and other conditions, the law may treat you that way for certain purposes.
To prove a common law relationship, you may need to show documentation like:
Common law partners in Canada may have similar rights to married couples when it comes to spousal support, but property rights are more limited in many provinces.
You may have the right to:
The level of protection varies significantly across provinces. Unlike married couples, common law partners often don’t have automatic rights to shared property unless they can prove direct contributions or unjust enrichment. It’s important to know the law in your province if you’re in a common-law relationship.
Here’s how common law and marriage compare in Canada:
CategoryCommon LawMarriageLegal ceremonyNot requiredRequiredProperty divisionVaries by province: from 50-50 division to no automatic property division rightsGoverned by provincial family law acts, usually 50-50 splitSpousal supportOften similar to married couplesAvailable to all spouses if they prove entitlementWhile marriage creates clear legal rights and responsibilities, common law status can be more complicated and less predictable — especially when it comes to finances.
Ending a common law relationship does not require a divorce. You typically just need to separate. However, issues like spousal support or shared assets can still arise. You may want to consider a cohabitation agreement while you’re still together to clarify how things will be handled if you part ways.
If you can’t agree on how to divide property or whether spousal support is owed, the courts may get involved. In that case, documentation and legal advice are often necessary.
Each province has its own laws governing common law relationships. Here’s a breakdown of when common law status begins in each province:
Living together doesn’t automatically mean you’re in a common law relationship, but after a certain amount of time — or if you share a child — the law may start treating you that way.
Understanding what common law means in your province is essential, especially if you’re sharing a home, building a life together, or separating. While common law couples may not have all the same rights as married spouses, there are ways to protect yourselves and plan ahead.
If you’re unsure of your legal status or want to make things clearer between you and your partner, speaking to a family lawyer can help you navigate the details.
Not quite. While common-law couples may share many of the same day-to-day experiences as married couples, the law doesn’t always treat them the same. In Canada, common-law partners don’t have the same automatic rights and responsibilities as married spouses, especially when it comes to property division and inheritance. The specific legal differences vary by province, so it’s important to understand what applies where you live.
You don’t need to be together 24/7, but you generally need to live together in a committed, conjugal relationship for a certain period of time. That could be one year in some provinces, or three years in others, or less if you share a child. Occasional time apart (for work, travel, etc.) usually doesn’t break the common-law clock, as long as you maintain your relationship and home together.
In most provinces, no, you don’t need to register your relationship for it to be recognized as common law. However, some provinces (like Manitoba) do allow you to register if you want to make certain legal rights and responsibilities more formal. Whether you register or not, government agencies, insurance companies, or the courts may still consider you common law based on how long and how seriously you’ve lived together.
In most provinces, six months isn’t long enough for your relationship to be legally considered common law unless you have a child together. The general threshold is one to three years of living together in a conjugal relationship, depending on where you live and the legal context (like taxes, spousal support, or family law). That said, different institutions (like CRA or immigration) may apply different timelines.
It’s not just about whether both partners agree, it’s about whether the facts support it. If you’ve been living together in a committed, conjugal relationship for long enough under your province’s rules, you might be considered common law even if one person disagrees. That can create conflict, especially during a breakup. That’s why it’s a good idea to talk about your expectations early and to make a cohabitation agreement if you want clarity and protection.
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.