In British Columbia, more and more couples are choosing to live together in long-term relationships without getting legally married. While this decision may feel like a personal one, it comes with important legal implications. Understanding the legal considerations for common-law couples in BC is essential to avoid unexpected issues, especially when it comes to property, finances, and children.

Whether you’re just moving in together or have been in a relationship for years, knowing your rights as a common-law partner in BC can save you from stress down the road. At Sorensen Truong LLP, we regularly assist individuals and families in navigating the often-confusing rules around common-law relationships in British Columbia.

 

What is a Common-Law Relationship in BC?

In BC, a couple is considered to be in a common-law relationship (also known as a “marriage-like” relationship) when they have lived together in a conjugal relationship for at least two years, or less if they have a child together. This legal recognition affects rights related to property division, spousal support, and inheritance under the Family Law Act of British Columbia.

Many people assume that being unmarried means complete financial separation, but that’s not always the case under BC law.

 

Property Division for Common-Law Couples

The most misunderstood aspect of common-law rights in BC is how property is divided after a separation. According to BC’s Family Law Act:

  • Family property is generally split 50/50 upon separation.

  • Family debt, including mortgages and credit card balances, is also subject to equal division.

  • Property owned before the relationship, or received as a gift or inheritance, may be excluded, but any increase in value during the relationship may be shared.

This means that if you buy a home during your relationship or even see the value of a pre-owned asset increase, your partner may be entitled to a share.

Tip: To protect your assets, it’s wise to consider a cohabitation agreement, which is like a prenuptial agreement for common-law partners.

 

Spousal Support and Financial Obligations

Under BC law, spousal support may be owed after a common-law relationship ends, depending on factors like:

  • Length of the relationship

  • Financial dependence

  • Role in raising children

  • Difference in income levels

Even if you’re not married, the financial obligations between separating common-law partners can be significant. Working with a legal professional, such as those at Sorensen Truong LLP, can help ensure that your rights and responsibilities are fairly assessed.

 

What About Parenting and Child Support?

For common-law couples with children, legal obligations are virtually identical to those of married parents. This includes:

  • Child support: The non-custodial parent must contribute financially.

  • Parenting time and responsibilities: Decided based on the child’s best interests.

  • Guardianship: Typically shared unless the court determines otherwise.

The courts in British Columbia prioritize the best interests of the child, regardless of the parents’ marital status.

 

Inheritance Rights for Common-Law Partners

Inheritance is a less straightforward issue for common-law spouses in BC. Unlike married spouses, common-law partners are not automatically entitled to inherit if their partner dies without a will.

If you want your common-law partner to inherit your estate, it’s crucial to have a valid will and consider other estate planning tools. At Sorensen Truong LLP, we offer estate planning services tailored for common-law couples to protect your partner and your legacy.

 

Importance of Legal Agreements for Common-Law Partners

To avoid costly legal battles or confusion during difficult times, many common-law couples in BC are now creating legal agreements, including:

  • Cohabitation Agreements

  • Separation Agreements

  • Wills and Power of Attorney documents

These legal tools allow couples to set expectations in advance and protect both parties’ interests.

 

When Should You Speak with a Lawyer?

If any of the following apply to your situation, it’s time to consult a family lawyer in BC:

  • You’re moving in with your partner and want to protect your assets.

  • You’ve been living together for over two years.

  • You’re separating and unsure about property division or spousal support.

  • You want to create or update your will.

  • You’re concerned about guardianship and parenting responsibilities.

The legal team at Sorensen Truong LLP is here to guide you. As a trusted legal service provider in British Columbia, they bring compassion, clarity, and professionalism to every case, whether you’re entering a new relationship or navigating a separation.

 

Final Thoughts

Common-law relationships in BC are recognized by law, but that doesn’t mean you’re automatically protected. Without a marriage certificate, your rights and obligations are still very real, but often more complex. By being proactive and informed, you and your partner can prevent misunderstandings and avoid unnecessary conflict.

Whether you’re starting a life together or ending a relationship, it’s vital to understand your legal footing. Reach out to Sorensen Truong LLP today to speak with an experienced family law and estate planning lawyer in BC. They can help you draft agreements, resolve disputes, and make sure your future is secure.