Understanding your rights as a couple is important, especially if you live together but aren’t married. Many British Columbians wonder what counts as a common law relationship and whether it offers the same legal protection as marriage.
At Freedom Family Law in BC, we help couples understand what being in a common law relationship really means — from property rights to partner support and custody.
If you’re unsure about your legal status or need help protecting your rights, book your consultation today with our experienced family lawyers.
What Does Common Law Mean in British Columbia?
In British Columbia, a common law relationship means you and your partner live together in a marriage-like relationship without being legally married.
Under the BC Family Law Act, you’re considered spouses if:
- You’ve lived together in a marriage-like relationship for at least two years, or
- You’ve lived together for less than two years but have a child together.
Once you meet this rule, you gain similar rights and responsibilities to married couples.
Common law status affects your property, finances, and family responsibilities — so it’s essential to understand what applies to you before conflicts arise.
How Long Is Common Law in BC?
To be recognized as common law spouses in BC, you must live together in a marriage-like relationship for at least two years.
However, if you have a child together, you’re considered spouses even before reaching two years.
Courts look at more than just time. They also consider:
- Shared finances and bank accounts
- Joint ownership of property or a lease
- Whether you present yourselves publicly as a couple
- Emotional and physical commitment
So, if you’ve been living together and acting as a couple, you may already qualify for common law status.
Tip: Even if you’re not sure whether you meet the 2-year mark, consult a family lawyer to review your situation.
What Is a Common Law Partner or Common Law Spouse?
Many people use “common law partner” or “common law spouse” interchangeably. Both refer to someone you live with in a marriage-like relationship without being legally married.
In the eyes of BC law, a common law spouse has similar rights and responsibilities to a married spouse once the two-year rule is met (or if you share a child).
For example:
- You may have the right to claim spousal support.
- You could be entitled to an equal share of family property.
- You might also share responsibility for family debts.
If you’re in this situation, Freedom Family Law can help you understand your rights and protect your future.
Do Common Law Wives Have Rights in BC?
Yes. In BC, common law wives have the same legal rights as their male or married counterparts once the relationship qualifies under the Family Law Act.
A common law wife can claim:
- Property division (family assets, home, investments, etc.)
- Spousal support, depending on financial need and contribution
- Parental rights for shared children
- Custody and access similar to married spouses
If you’ve been living with your partner and contributing emotionally or financially, you deserve protection.
Book your consultation today with Freedom Family Law in BC to learn about your rights as a common law spouse.
Is Common Law the Same as Marriage in BC?
Not exactly — but it’s close.
Here’s a quick comparison between marriage and common law relationships in BC:
| Topic | Marriage | Common Law (After 2 Years or Child Together) |
|---|---|---|
| Legal Status | Married under law | Spouses under Family Law Act |
| Property Division | Equal property division | Equal property division |
| Spousal Support | Eligible | Eligible |
| Child Support | Eligible | Eligible |
| Taxes & Benefits | Automatically recognized | Must prove relationship |
| Inheritance Rights | Automatic | Must be proven |
| Separation Process | Divorce required | Legal separation |
While both types of relationships share many rights, only marriage is automatically recognized in federal matters like immigration or taxation.
If you’re unsure whether your relationship qualifies, it’s best to speak with a BC family lawyer.
Rights and Responsibilities in a Common Law Relationship
Common law spouses in BC share many of the same rights and duties as married couples. Here’s what that includes:
1. Property Rights
If you’ve lived together for two years, both partners have an equal right to family property and debt.
Family property includes:
- Homes purchased during the relationship
- Joint savings or investments
- Vehicles or business assets
2. Spousal Support
If one partner earns significantly more than the other or supported the household while the other worked or studied, spousal support may be owed after separation.
3. Parental Rights
If you share a child, both partners have equal parenting rights — regardless of marriage.
4. Financial Responsibilities
Both partners share responsibility for family debts and household expenses.
Freedom Family Law helps couples clarify these responsibilities through cohabitation agreements or separation plans.
How to Prove a Common Law Relationship in BC
To claim your rights, you must often prove your relationship existed.
Here’s what can serve as evidence:
- Joint lease or mortgage
- Shared bank accounts or bills
- Photos, messages, or public social media proof
- Naming each other as beneficiaries on insurance or wills
- Statements from friends or family confirming your relationship
The more evidence you have, the stronger your legal case becomes.
If you’re unsure how to prepare proof or need to protect yourself legally, contact Freedom Family Law in BC for professional help.
What Happens When a Common Law Relationship Ends?
When a common law relationship ends, the law in BC treats it similarly to a divorce.
Property Division
Both partners are entitled to an equal share of property gained during the relationship, unless a written agreement states otherwise.
Spousal Support
Support may be granted based on financial need, contribution, or child responsibilities.
Child Custody and Support
Children from common law relationships have the same rights to custody and financial support as those from marriages.
Legal Support
Freedom Family Law helps you:
- Divide property fairly
- Create parenting plans
- Seek or defend support claims
Don’t navigate a breakup alone. Book your consultation today to get clear, compassionate legal help.
Why Choose Freedom Family Law for Common Law Matters in BC
At Freedom Family Law, we understand the emotional and financial challenges that come with separation, custody, and family disputes.
Our BC-based team provides:
- Local legal experience in the BC Family Law Act
- Compassionate support during stressful times
- Proven results in common law and marriage-related cases
- Personalized guidance tailored to your situation
We’re here to help you make informed decisions that protect your rights and your family’s future.
👉 Book your consultation or contact us today at (833) 958-9500 to discuss your common law relationship with a trusted BC family lawyer.
Success Stories
⭐️⭐️⭐️⭐️⭐️ Mathais Sarrazin was excellent to work with. He delivered exactly what he promised on time and kept me updated every step of the way. His follow-ups and prompt replies meant I never had to wonder what was happening. He is hardworking, patient, and very knowledgeable, always looking at the situation from a holistic perspective to give the best support. With his professionalism and great manner, I felt fully supported throughout the process. Highly recommended!
⭐️⭐️⭐️⭐️⭐️ I had the pleasure of working with Mathais as my family lawyer, and I couldn’t have asked for a better experience. He was absolutely amazing; clear, timely, and incredibly informative throughout the entire process. Mathais took the time to explain everything in a way that made sense, always making sure I felt confident and well-informed before moving forward. I truly appreciate his support and would highly recommend him to anyone looking for a trustworthy and knowledgeable family lawyer.
⭐️⭐️⭐️⭐️⭐️ I had a great experience working with Mathais and his firm! Mathais was incredibly helpful, clear, and informative throughout the entire process. I felt well-supported and confident in every step thanks to his guidance. I highly recommend Freedom Family Law’s services to anyone in need of legal assistance!
Frequently Asked Questions
1. Q: What is considered common law in BC?
A: In British Columbia, a couple is considered common law when they have lived together in a marriage-like relationship for at least two years, or have a child together and live as a family.
2. Q: Do common law partners have the same rights as married couples in BC?
A: Yes, in many cases. Under BC’s Family Law Act, common law partners have similar rights and responsibilities as married couples when it comes to property division, debt, and spousal support.
3. Q: How long do you have to live together to be common law in BC?
A: You must live together in a marriage-like relationship for at least two continuous years to be recognized as common law in British Columbia.
4. Q: What happens when a common law relationship ends in BC?
A: When a common law relationship ends in BC, both partners may be entitled to property division, debt sharing, and potentially spousal support under the Family Law Act.
5. Q: Does common law apply to property ownership in BC?
A: Yes. Common law partners in BC may have equal rights to property and assets acquired during the relationship, similar to married couples, after two years of cohabitation.
6. Q: Can a common law partner claim spousal support in BC?
A: Yes, a common law partner can claim spousal support in BC if the couple lived together for at least two years, or if they have a child together and were in a relationship of some permanence.
7. Q: Do common law partners need to sign a cohabitation agreement in BC?
A: It’s not required, but it’s highly recommended. A cohabitation agreement helps outline each partner’s rights and responsibilities, protecting both in case of separation.
8. Q: How is debt divided in a common law relationship in BC?
A: Debts accumulated during a common law relationship in BC are typically shared equally, unless there is a signed agreement stating otherwise.
9. Q: Do common law couples in BC have inheritance rights?
A: Yes, common law partners in BC may have inheritance rights if recognized as spouses under the law. They can inherit under the Wills, Estates and Succession Act.
10. Q: How can I protect my rights in a common law relationship in BC?
A: To protect your rights, consider signing a cohabitation agreement, keeping financial records, and consulting a family lawyer for legal guidance specific to BC common law.
Conclusion
A common law relationship in BC carries serious rights and responsibilities. Whether you’re moving in together, separating, or unsure of your status, understanding your legal position helps you make better decisions.
At Freedom Family Law, we guide clients through every step of BC’s family law system with clarity and care.
💬 Book your consultation today to speak with an experienced BC family lawyer about your common law rights — and learn how a Common Law Agreement in BC can help protect your property, finances, and future.
About the Author – Mathais Sarrazin
Mathais Sarrazin is the founder and principal lawyer at Freedom Family Law in British Columbia. A graduate of UVic Law (2012) and a proud member of the BC Bar since 2013, Mathais brings over a decade of experience helping couples and families protect what matters most.
Before founding Freedom Family Law, Mathais gained extensive courtroom experience in both criminal defense and family law, running Supreme Court trials within months of being called to the bar. That early exposure taught him one crucial lesson — many family disputes are preventable with the right planning and communication.
Today, Mathais focuses on helping BC couples create strong, transparent agreements that protect their rights, assets, and relationships. His approach is personal, responsive, and client-focused — he takes the time to understand each couple’s unique situation and offers flat-rate, transparent pricing to eliminate surprises.
When he’s not helping clients, Mathais enjoys spending time with his family and living the balanced lifestyle he encourages his clients to achieve.
💬 Contact Mathais Sarrazin at Freedom Family Law to book your consultation and start protecting your future today.