Ben Nguyen 
Over the past few decades, cohabiting in unmarried partnerships has become increasingly common across Canada. However, common law relationships in Canada still differ from traditional marriages legally in important ways. Educating yourself on provincial and territorial regulations empowers you to protect your rights proactively.
What is Common Law Relationships in Canada?
A common law relationship refers to two persons living together in a conjugal partnership without legally marrying. All Canadian jurisdictions recognize these unions after couples meet specific cohabitation duration requirements. However, common-law couples lack many automatic legal protections granted to married spouses.
Each province and territory defines common law status differently, so cohabiting couples must learn relevant regulations. Family law falls under provincial jurisdiction, so property division, inheritance rules, separation procedures, and partner rights vary by region.
Understanding key criteria and differences allows common-law couples to safeguard their interests through proper legal planning.
Criteria for Establishing Common Law Status in Canada
Every Canadian jurisdiction sets criteria regarding the minimum cohabitation period required to constitute a common law relationship. The definitions also differ depending on the legal context, such as taxation, estate planning, division of assets after separation, and eligibility for government benefits.
Federal Common Law Relationship Definition
For federal tax purposes, the Canada Revenue Agency (CRA) recognizes couples as common law after cohabiting continuously for 12 months. The only exception is if the couple has a biological or adopted child together, in which case claiming common law status on tax returns is allowable immediately. These same criteria apply to immigration sponsorship applications and other federal government matters.
Provincial and Territorial Common Law Relationship Criteria
Provinces and territories have authority over legal issues relating to common law partnerships within their jurisdictions. Areas like property rights, inheritance rules, separation procedures, and asset division all require adhering to provincial or territorial family law acts. Depending on the region, the minimum cohabitation duration required to reach common law status ranges from one to three years.
Some provinces also permit couples to formally register their partnerships with the government after meeting the relationship duration requirements. Registering grants access to the same legal spousal rights as married couples regarding property, inheritance, spousal support, and other areas.
What is common law in British Columbia?
A couple is considered common law in British Columbia after two years of continuous cohabitation. They can also be considered common law immediately if they have a child together. Unmarried couples in BC can enter into a cohabitation agreement outlining their rights and responsibilities during and potentially after the relationship.
Full review: Common Law in British Columbia
What is common law in Alberta?
After three years of continuous cohabitation, Alberta recognizes couples as common law under the Adult Interdependent Relationships Act. Having a biological or adopted child together also meets the requirements for common law status, as does entering into a valid cohabitation agreement. Partners in a common law relationship have the right to claim support from each other after separation.
Full review: Common Law Relationships in Alberta
What is common law in Saskatchewan?
Saskatchewan requires two years of continuous cohabitation to be considered a common-law couple. Saskatchewan’s family law treats unmarried spouses equally to married couples regarding property division, support, and inheritance if a relationship ends after the two-year mark.
Full review: Common Law Relationship in Saskatchewan
What is common law in Manitoba?
Manitoba couples must cohabit continuously for three years to qualify as common law under the Family Property Act. However, having a child together reduces the requirement to 1 year of cohabitation. Partners can also formally register their relationship after meeting the duration requirement.
What is common law in Ontario?
Ontario also has a three-year continuous cohabitation requirement for common law couples under the Family Law Act. This is lowered to one year if the couple has a child together. Married and common-law spouses have identical property rights in Ontario.
What is common law in Quebec?
Quebec couples must cohabit continuously for one year to be considered common law under the Quebec Civil Code. The duration is also one year if the couple has a child together. However, common law partners do not have automatic inheritance rights.
What is common law in New Brunswick?
In New Brunswick, common law status is reached after three years of continuous cohabitation under the Marital Property Act. Couples who have a child together also meet the requirements at that point. Registered common-law couples have expanded rights around property and inheritance.
What is common law in Nova Scotia?
The cohabitation duration required to qualify as common law in Nova Scotia is two years of continuous living together under the Matrimonial Property Act. However, a judge determines support and property division based on the specifics of each case.
What is common law in Prince Edward Island?
Prince Edward Island requires three years of continuous cohabitation under the Family Law Act before recognizing couples as common law. However, there is no formal registration system for common-law couples.
What is common law in Newfoundland and Labrador?
Newfoundland and Labrador couples must cohabit continuously for two years to be considered common law under the Family Law Act. If the couple has a child, the required duration is reduced to 1 year.
What is common law in Yukon?
Under the Family Property and Support Act, Yukon’s cohabitation duration requirement for common law status is two years of continuous living together. However, common law property and inheritance rights regulations differ from those of other provinces.
What is common law in Northwest Territories?
In the Northwest Territories, two years of continuous cohabitation meets the requirement for couples to be considered common-law partners and receive associated spousal rights under the Family Law Act. After two years, common law grants couples rights equal to married spouses.
What is common law in Nunavut?
Nunavut also recognizes couples as common law under the Family Law Act after they have cohabited continuously for two years. However, Nunavut’s property division laws for common-law couples differ from those of other provinces and territories.
When a registered or unregistered common law relationship ends, the union legally dissolves immediately upon the partners ceasing to live together as a couple. However, certain obligations like child support or contractual promises in a cohabitation agreement remain legally binding even after physical separation.
Common Law Partner Rights and Responsibilities in Canada
Canadian common law regulations grant fewer automatic legal safeguards to unmarried couples than the protections extended to married spouses. However, the legislation aims to balance the rights of Canadian common law and married couples in certain areas, like childcare, taxation, and access to government benefits. If common-law relationships dissolve, significant gaps remain in other realms, such as asset division, inheritance entitlements, and spousal support.
Cohabitation Agreements
When entering into a cohabitation agreement, it is strongly advised to delineate common law partners’ financial and legal rights and obligations during the relationship and in case of eventual separation. These legally binding contracts function similarly to prenuptial agreements for married couples. Clauses typically cover property division, debt repayment, spousal support, and child custody arrangements if the relationship ends.
Without a comprehensive cohabitation agreement, common-law couples must rely solely on provincial or territorial laws that often provide unclear recourse. For example, while married spouses frequently split shared marital assets equitably by default, common-law partners can only gain compensation for financial contributions through legal proceedings.
Division of Property
All Canadian provinces and territories have regulations governing property division when married couples divorce. Most jurisdictions mandate an equitable division of shared “matrimonial assets” acquired during the marriage, with each spouse presumptively entitled to a 50% share absent a prenuptial agreement stipulating otherwise.
In contrast, provincial and territorial laws grant far fewer automatic protections to common-law couples regarding splitting shared assets and property when relationships dissolve. The laws provide limited rights for unmarried partners to make claims against assets solely owned by the other partner upon separating unless they can conclusively demonstrate significant contributions justifying compensation.
For instance, if one partner in a common law relationship in Canada utilized a personal inheritance to make a down payment on a house, the other partner typically has no inherent rights to the property. However, suppose that the partner contributed toward the mortgage, taxes, renovations or other housing costs over time. In that case, they may initiate legal action to receive a share of the home’s value after separating. But, securing such entitlements often requires lengthy and expensive court battles.
Spousal Support Rights
All Canadian common-law partners can claim spousal support payments from former partners to help cover living expenses after the relationship’s dissolution. However, the regulations governing eligibility considerations, formulas for support amount calculations, and duration of support awards vary significantly across provinces and territories.
Some jurisdictions allow either separated partner to apply for support indefinitely, while others impose strict application deadlines ranging from one to three years post-separation. Unlike child support calculations, which always aim to prioritize children’s best interests first, awards for spousal support weigh individual circumstances case by case.
If common-law couples in Canada do not agree upon spousal support terms upfront in a cohabitation agreement, the partner seeking support must accept whatever support duration or amount the court mandates. And if the relationship lasted under the threshold duration, they may be prevented from seeking spousal support entirely, barring special circumstances.
Inheritance Rights
A major legal disparity between married and common-law couples relates to inheritance rights when one partner passes away without a will. In such cases:
- Legally married spouses automatically inherit predetermined shares of estates based on provincial and territorial intestacy laws.
- Common law partners inherit nothing by default in most jurisdictions unless named as beneficiaries in wills.
- Judges decide inheritances on a case-by-case basis if common-law partners petition courts to receive part of deceased partners’ estates.
The only way to guarantee inheritance rights for a common law partner is by expressly designating them as beneficiaries in the deceased partner’s legally executed will. Properly structured wills are, therefore, critical to ensuring common law partners retain control over estate distribution.
See also: Receiving an Inheritance in Canada
Parenting Rights and Responsibilities
Under Canadian law, common law status does not impact legal parenting rights or obligations, which remain identical for married and unmarried couples if common-law partners with children separate, child custody, visitation rights, and child support adhere to the same regulations and court discretion as married parents.
For instance, the court determines custody based on the best interests of the child, taking into account factors like parenting abilities, existing parent-child relationships, and family violence. Child support follows federal tables using parents’ incomes and the number of children. Parental marital status does not override these considerations.
Medical and Financial Powers of Attorney
A key legal distinction between married and common law couples in Canada is that unmarried partners cannot automatically make healthcare or financial decisions for incapacitated partners. The default is that medical personnel and financial institutions defer to provincial hierarchies, which rarely rank common law partners highly.
Creating powers of attorney allows common-law spouses to circumvent the default order of decision-makers. These legal authorizations empower partners to:
- Access medical records and speak with doctors
- Provide informed consent for treatments
- Manage bank accounts and investments
- Conduct real estate transactions
- File taxes and transact other business
Drafting comprehensive powers of attorney enables common-law couples to have agency over each other’s care and affairs, just like married spouses. This avoids prolonged legal interventions to gain control in healthcare or financial emergencies.
Taxation and Government Benefits
The Canada Revenue Agency treats common law and married couples identically for federal income tax purposes. Canadian common law couples must begin filing joint tax returns after cohabiting for 12 consecutive months or having a child together. Failing to report common law status constitutes tax fraud.
Provinces and territories also extend equal access to common law partners in Canada regarding provincially regulated government benefits. These include health insurance, prescription drug plans, social assistance, disability support programs, workers’ compensation, and other income-tested benefits. Both partners’ total household incomes determine eligibility thresholds and payment rates.
Key Differences Between Common Law and Marriage in Canada
While recent years saw notable legislative reforms aiming to functionally equate unmarried and married couples, some significant gaps remain in Canadian common law partners’ financial and legal rights and protections. The lack of automatic safeguards for common law unions means that cohabiting couples must take deliberate steps to formalize their interests through legal agreements and comprehensive estate planning.
Inequitable Division of Property
The most substantial disparity relates to the division of shared property when relationships dissolve. The prevailing legal doctrine for married couples draws on equitable distribution principles, with most shared assets divided 50/50 by default in divorce proceedings. Every province’s family law supports this equal splitting of shared “matrimonial assets” acquired during marriages.
In contrast, provincial and territorial laws grant limited default protections to common-law couples in Canada regarding splitting jointly owned “cohabitation assets.” Absent a cohabitation agreement stipulating division of shared property, common law partners hold minimal rights to assets solely owned by the other partner when separating.
For instance, if one common-law spouse contributed toward mortgage payments or home renovations, they have no inherent rights to an equal share of that real estate’s value if the title remains solely in the other partner’s name. Seeking fair compensation requires initiating legal action and proving unjust enrichment.
Weaker Spousal Support Entitlements
Both married and common-law partners can claim spousal support after separation. However, common law couples in Canada face several disadvantages, including:
- Shorter time limits to apply for support
- Stricter eligibility rules based on proven financial dependence
- Lesser support amounts and durations
- Lower weight given to income disparities
Without a spousal support agreement, common law partners in Canada risk inadequate support or having their applications denied entirely if beyond the submission deadline. They must accept whatever support the court mandates rather than agreeing to suitable terms upfront.
No Automatic Inheritance Rights
The greatest legal inequality between married and common law couples in Canada relates to inheritance rights when one partner passes away without a will. In such cases:
- Married spouses inherit predetermined estate shares per provincial intestacy laws
- Common law partners in Canada receive no automatic inheritance in most regions
- Judges decide inheritances case-by-case if partners petition the courts
The only way to guarantee a common-law partner’s inheritance is through express designation as a beneficiary in the deceased’s will. Relying on intestacy laws leaves the surviving partner’s rights uncertain and contingent on convincing the court.
Read more: What Happens If You Die Without A Will In Canada?
Safeguarding Canadian Common Law Couples’ Rights
While cohabiting partners lack certain automatic protections relative to married couples, proactive legal planning can help secure their interests:
Cohabitation Agreements – These binding contracts identify separate and shared property and stipulate division of assets, spousal support, and debt repayment if the relationship ends. Agreements provide control and minimize disputes.
Wills – Properly executed will ensure inheritance for common law partners by expressly naming them as estate beneficiaries. Otherwise, they may inherit nothing by default under provincial intestacy laws.
Powers of Attorney – Appointing partners as attorneys-in-fact facilitates healthcare and financial decisions later on. Otherwise, hospitals and banks often deny the decision-making agency of common law spouses in Canada.
Child Agreements – Custody agreements document custody terms while support follows federal guidelines. Travel and medical consent forms authorize partners to assist with caregiving duties.
Property Documentation – Titling shared property jointly and retaining records demonstrating shared financial responsibility bolsters claims to split assets equitably if relationships dissolve.
Relationship Registration—Some provinces allow the registration of common law partnerships with the government after meeting cohabitation duration requirements, conferring spousal status.
Read more: DIY Will Kit and Templates in Canada
The Evolving Legal Landscape for Common Law Couples in Canada
While gaps persist between the rights of married and unmarried couples, the legal landscape governing common law relationships in Canada continues evolving in a positive direction. Both social perceptions and relationship recognition legislation exhibit increasing acceptance and more equitable treatment of cohabiting couples.
Public opinion polling reveals dramatically rising approval of common law unions over recent decades. Correspondingly, courts now frequently interpret provincial and territorial laws concerning property division, spousal support and other areas more even-handedly regarding Canadian common law couples’ rights and entitlements.
Many provinces also now enable couples to formally register their domestic partnerships with the government after satisfying cohabitation period requirements. Registration confers full legal spousal status to registered common-law couples, with associated rights and protections.
Provincial legislatures continue amending intestacy inheritance laws to better provide for surviving common-law partners and ease legal tests for unmarried partners to prove cohabitation asset contributions justifying property claims post-separation. While differences with married couples remain, the trend promotes greater consistency and fairness.
Conclusion: Know Your Rights and Plan Ahead as a Common Law Couple in Canada
Couples opting for common law relationships in Canada need awareness of regulations within their province or territory to ensure their rights. While societal acceptance continues to grow, meaningful legal discrepancies persist compared to traditional marriages.
Taking time to understand regional laws empowers you to proactively formalize your rights through proper legal documentation, such as cohabitation agreements and wills. Experienced family lawyers can draft customized contracts outlining financial understandings, and inheritance wishes to provide control over your affairs as a couple.
Although the legal landscape is progressing to functionally equalize marital statuses, common-law couples who plan ahead based on current regulations position themselves best. Being well-informed promotes equitable financial and family rights regardless of marital status. You can thrive in a rewarding common-law partnership with foresight and purposeful planning.
If you want to ensure your common-law rights are protected, visit life buzz to know more about legally binding cohabitation agreements, wills, and power of attorney documents customized for your unique situation in just minutes. Take control of your future as an unmarried couple today.
Frequently Asked Questions About Common Law Relationships in Canada
How long must a couple cohabit to be considered common law in Canada?
The required duration varies regionally but typically ranges from 1 to 3 years of continuous cohabitation. Some provinces let couples formally register sooner to gain spousal rights. Having children together also expedites attaining common-law status.
What property rights do Canadian common-law couples have when separating?
Unlike married couples, common law partners lack automatic equal rights to split property not jointly owned. Individuals often must litigate without a cohabitation agreement stipulating asset division to gain compensation for contributions.
Can common-law couples jointly adopt children in Canada?
Yes, common-law couples can and do jointly adopt children in all Canadian provinces and territories. Certain regions mandate meeting minimum cohabitation period requirements beforehand. Adoption regulations now make no distinction based on marital status.
If my common-law partner in British Columbia dies without a will, will I inherit anything?
No. Under BC's intestacy laws, you won't automatically inherit anything unless expressly named as a beneficiary in the deceased partner's will. You would need to petition the court seeking entitlement to part of the estate.
What is the process for ending a common law relationship in Canada?
There is no formal legal process. You simply begin living separately and cease cohabitating as a couple. However, any obligations created in a cohabitation agreement or related to childcare would remain legally binding even after physically separating.
Where can I find helpful resources and advocacy groups for Canadian common-law couples?
Legal clinics like Justice Net offer useful guidance on common law rights across Canada. Family law attorneys can also review your specific situation. Many general support and advice groups for common-law couples exist online as well.
How do I determine if I qualify as common law for Canadian tax purposes?
You must begin submitting joint tax returns federally after cohabiting with your partner for 12 consecutive months. The same requirement applies if you and your partner have a biological or adopted dependent child together.
Are alimony payments required after the separation of common-law couples in Canada?
Canada uses the term spousal support rather than alimony. Payments may be owed temporarily after a common law separation in Canada, depending on factors like relationship length and financial need. It is not an automatic entitlement.
Can I make medical decisions for my incapacitated common-law partner in Canada?
Normally no, unless your partner has granted you power of attorney for personal care. Otherwise hospitals follow a hierarchy, usually consulting closest relatives first. A court may appoint you as guardian later.
What constitutes proof of a common law relationship in Canada?
Documents like shared rental agreements, utility bills, bank accounts, loan applications, insurance policies, and statutory declarations of union status can demonstrate evidence of cohabitation and financial interdependence.
Can a common-law partner in Canada make funeral arrangements?
Normally, yes. Provincial laws authorize spouses, either married or common law, to make funeral arrangements in Canada. However, disagreements between partners and blood relatives may require legal intervention.
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