Understanding Common Law Relationships in Canada: Legal Rights and Responsibilities

In Canada, many couples choose to live together in long-term relationships without getting legally married. These unions are known as common law relationships, and while they often resemble marriages in terms of emotional and financial partnership, their legal standing varies significantly across provinces and territories. Understanding the rights and responsibilities that come with a common law relationship in Canada is crucial for those who choose this form of union.

What Is a Common Law Relationship in Canada?

A common law relationship typically refers to two people who live together in a conjugal relationship without being legally married. To be recognized as common law, a couple must usually meet certain legal requirements, including cohabiting for a specific period of time. In most provinces, this is at least one to three years, or immediately if they have a child together.

However, the exact criteria and legal recognition can vary depending on the context (such as for tax, immigration, or family law purposes) and the province or territory.

How Common Law Relationships Are Defined Federally

At the federal level, a common law relationship is often recognized after one year of continuous cohabitation in a conjugal relationship. This definition is used for:

• Taxation (Canada Revenue Agency)

• Pensions and benefits (e.g., CPP survivor benefits)

• Immigration sponsorship applications
  

Federal laws will treat common law partners similarly to married couples in these contexts, assuming the one-year cohabitation rule is met.

Provincial Variations in Common Law Recognition

Each province and territory in Canada has its own laws that govern property division, spousal support, and legal rights for common law partners.

Ontario

In Ontario, common law spouses are not entitled to automatic property division upon separation, unlike married couples. However, they may be eligible for spousal support under the Family Law Act if the relationship lasted at least three years or involved a child.

British Columbia

Since 2013, common law couples in B.C. have the same property division rights as married couples if they have lived together for at least two years. This is a significant shift that grants common law spouses equal footing in family law.

Alberta

Alberta uses the term “Adult Interdependent Relationship.” Couples living together in a relationship of interdependence for three years, or one year with a child, or those who sign an agreement, fall into this category. They are recognized under the Adult Interdependent Relationships Act, which includes property division rights similar to married couples.

Quebec

Quebec is unique in that it does not recognize common law relationships under family law, regardless of how long a couple has lived together. There is no automatic entitlement to property division or spousal support unless there is a cohabitation agreement or a separate civil contract.

Legal Rights and Responsibilities in Common Law Relationships

Common law partners often share many of the same responsibilities as married couples, especially regarding financial contributions, parenting duties, and joint assets. However, legal protections can differ dramatically.

Property Division

In many provinces, common law partners do not automatically have rights to property acquired during the relationship. Ownership often remains with the individual who bought the item, unless the couple has a legal agreement or the non-owning partner can prove contribution through a legal claim like unjust enrichment.

Spousal Support

Many provinces recognize the right of common law partners to seek spousal support upon separation, provided they meet the duration or child-rearing criteria. The courts evaluate factors such as:

• Length of the relationship

• Financial dependency

• Contribution to the other partner’s career or education

• Childcare responsibilities
  

Parental Rights

In Canada, being a common law couple does not affect parental rights or responsibilities. Both partners, whether married or not, have equal rights to custody, access, and child support decisions under the law, provided they are the biological or legal parents.

Ending a Common Law Relationship

There is no formal divorce process for common law partners, but legal separation can still be complex, especially when it involves children, joint property, or financial dependency.

To separate, common law partners may:

• Divide jointly owned property or assets

• Make spousal support arrangements, if applicable

• Create a separation agreement outlining terms of the breakup

• Seek court orders if there is a dispute over children or finances
  

Seeking legal advice or mediation services can help clarify rights and responsibilities after separation.

Protecting Yourself in a Common Law Relationship

Since common law relationships do not automatically offer the same legal protections as marriage, it’s important to take proactive steps to protect both partners:

1. Cohabitation Agreement

This is a legal contract that outlines how property, debts, and support will be handled in the event of a breakup. It allows couples to set their own rules rather than rely on uncertain or varying provincial laws.

2. Will and Estate Planning

Unless specified in a will, a common law partner may not automatically inherit their spouse’s property upon death. Ensuring each partner has a legal will and updated beneficiaries is essential for estate planning.

3. Keep Records

Document financial contributions, shared expenses, and any investments made during the relationship. These can be important in the event of a dispute or separation.

Tax and Financial Considerations

Common law partners are treated similarly to married couples for income tax purposes. This includes:

• Filing jointly for certain benefits and credits (like the GST/HST credit)

• Being eligible for spousal tax credits

• Having combined income assessed for benefits such as the Canada Child Benefit
  

It’s essential to inform the Canada Revenue Agency (CRA) once you qualify as common law under their one-year cohabitation rule.

Conclusion

Common law relationships in Canada offer an alternative to marriage, but they come with unique legal complexities that can vary across the country. While federal laws recognize common law unions in many situations, provincial laws largely determine how issues like property, spousal support, and family matters are handled.

For those living in or entering a common law relationship, understanding your legal standing is vital. Taking proactive steps like signing a cohabitation agreement, updating estate plans, and consulting a family lawyer can provide peace of mind and help avoid legal disputes in the future.