01—Overview
How Common-Law Status Works in BC
BC treats common-law couples generously. Under section 3(1) of the Family Law Act, a person becomes a “spouse” by either marrying or by living with someone in a marriage-like relationship for at least two continuous years — or, for some purposes, any length of time if they have a child together.
Once you're a spouse under the FLA, you get property division and spousal-support rights — and where children are involved, the same parenting, guardianship, and child-support framework that applies to married spouses. (Child support and parenting follow from parentage, not spouse status, so those exist whether or not you meet the FLA's spouse definition.) The catch is that the property and spousal-support rights don't last forever after separation.
02—The Marriage-Like Test
What BC Courts Actually Look At
There's no single test for whether a relationship is “marriage-like.” BC courts look at the relationship as a whole, weighing characteristics like these:
- Shared residence. The single strongest signal — did you live together, most of the time, as a household?
- Financial interdependence. Joint accounts, shared bills, one partner supporting the other, pooled spending on a home or family expenses.
- Romantic / sexual relationship. An ongoing intimate partnership, not roommates or family members.
- Presenting as a couple. Introducing each other as partners, attending family/social events together, appearing on each other's accounts or benefit plans.
- Shared plans. Long-term thinking together — kids, property, retirement, or simply building a life as a unit.
Not every factor needs to be present. The weaker the signals, the more likely a court would find you weren't in a marriage-like relationship even if you lived together.
03—The Property Limitation
Two Years From Separation to File
This is the piece most people don't know about. Section 198(2) of the Family Law Act sets a two-year limitation period for unmarried spouses to start a claim for property division or spousal support after separation.
Child support and parenting claims are not subject to the same limitation. The urgency here is specifically about property and spousal support.
04—The Child Pathway
If You Have a Child Together
Having a child together changes the picture. You don't need to hit two years of cohabitation to get:
- Spousal support entitlement
- Parenting time, parental responsibilities, and guardianship
- Child support under the Federal Child Support Guidelines
What you don't automatically get is FLA property division — that still requires the two-year threshold. Couples in the child pathway often fall back on unjust-enrichment and constructive-trust claims for the property piece.
05—Cohabitation Agreements
If You're Still Together and Approaching Two Years
If you're living together and the two-year mark is on the horizon, a cohabitation agreement lets you decide ahead of time how property and support will work — instead of defaulting into the FLA's equal-division rules. It's enforceable under section 92, and the process is much cheaper than litigating division years later.
Both partners should get independent legal advice before signing — agreements without ILA are much easier for a court to set aside under section 93.
06—What This Tool Does
How We Estimate
The checker walks through the five checkpoints a BC family lawyer would screen for in a first meeting:
- BC jurisdiction. The Family Law Act only applies here.
- Cohabitation duration. Raw days, minus any extended-break days you tell us about.
- Child together. Opens the child pathway if duration falls short.
- Marriage-like signal. Five marriage-like factors scored as strong, likely, ambiguous, or weak.
- Limitation clock. If you've already separated, we calculate how long you have left to file.
07—Common Questions
Frequently Asked Questions
What makes a couple 'common-law' in BC?+
Under section 3(1)(b) of BC's Family Law Act, you're a 'spouse' if you've lived with your partner in a marriage-like relationship for at least two continuous years — or for any period if you have a child together. 'Marriage-like' is assessed from the whole relationship, not any single factor: shared residence, financial interdependence, a romantic/sexual relationship, presenting yourselves as a couple, and shared future plans are among the characteristics BC courts commonly consider.
What rights do common-law spouses have in BC?+
Two-year common-law spouses get the same rights as married spouses under the Family Law Act: equal division of family property and debt (with the excluded-property rules), spousal support, and parenting/guardianship/child support if there are children. If you have a child but haven't hit two years, you still get spousal support, child support, and parenting rights — but not property division under the FLA. Common-law spouses are not automatic intestate heirs under BC's Wills Estates and Succession Act in the same way two-year cohabitants who were still spouses at death are; if you're separated when a partner dies, estate rights can evaporate.
I left my partner 18 months ago. Can I still claim property?+
Yes — but the clock is running. Section 198(2) of the Family Law Act gives you two years from the date of separation to start a court claim for property division or spousal support. If you don't file within two years, those claims are statute-barred — subject to narrow tolling under s.198(5) for any period the spouses spent in family dispute resolution with a qualifying professional (plus 30 days). The two-year clock is separate from the two-year 'becoming a spouse' clock, and courts treat it strictly.
We took a break in the middle. Did the two-year clock reset?+
Not necessarily. BC courts look at whether the relationship continued in substance across the break. Short separations (a few weeks, even a few months in some cases) often don't reset the clock, especially if you reconciled with the intention of continuing the relationship. Long or permanent breaks can reset it. There's no bright-line rule — the checker asks about breaks so it can give you a more conservative estimate.
Do we have to live together to be common-law?+
Shared residence is one of the characteristics BC courts commonly consider and the strongest signal they look for, but it's not strictly required. Cases exist where couples with separate homes have been found to be in marriage-like relationships — but they're rare and fact-specific. If you don't share a home, a lawyer should review the specifics before you rely on common-law spousal rights.
What's the difference between common-law rights and an unjust enrichment claim?+
Family Law Act rights apply when you qualify as a spouse (two years, or child + marriage-like). An unjust enrichment or constructive trust claim is a separate equitable claim available even to non-spouses who contributed to a joint family venture or to their partner's property. It's a longer and more expensive path than the FLA, but it's often the backstop for people who fall short of the two-year threshold.
Should we sign a cohabitation agreement?+
If you're approaching or past two years and want to stay together, a cohabitation agreement lets you opt out of or customize the FLA property-division rules before anything becomes 'family property.' It's much cheaper and less adversarial to sign one now than to litigate division after separation. Each of you should get independent legal advice before signing.