Relationships come in many forms, and not every couple chooses to get legally married. In Canada, couples who live together in a marriage-like relationship without getting formally married are often referred to as common-in law partners. While it may seem informal, this type of relationship is legally recognized in many cases — but with key differences from a traditional marriage.
Whether you're in such a relationship or thinking about entering one, it's important to understand what being a common-in law partner really means in Canada, what rights and responsibilities come with it, and how it can impact things like property, finances, and legal documents.
Let’s break it down in simple terms.
What Does "Common-in Law" Mean in Canada?
In Canada, a common-in law relationship typically refers to a couple who has lived together in a committed, marriage-like relationship for a certain period of time without getting legally married.
Each province and territory in Canada may have slightly different rules, but the general idea is this: if you've been living together for a continuous period (often 1–3 years, depending on the context), you're considered common-in law partners in the eyes of the law.
In British Columbia, under the Family Law Act, you are considered common-in law after living together for at least two years, or less if you have a child together.
Read Also: Joint Tenancy vs Common Tenancy
Key Rights and Responsibilities of Common-in Law Partners
While common-in law relationships are recognized in many legal areas, they don’t always carry the same rights as married couples. Here’s what you need to know:
1. Property Division
In BC, if you've lived together for at least two years or have a child together, you're entitled to the same property division rights as married couples if the relationship ends. This means:
- Property acquired during the relationship may be split.
- Debts may also be shared.
2. Spousal Support
Common-in law partners may also be entitled to spousal support, especially if one partner was financially dependent on the other. This usually applies when:
- You've lived together for at least two years, or
- You had a child together and lived in a marriage-like relationship.
3. Pensions and Benefits
Government programs like the Canada Pension Plan (CPP) and Old Age Security (OAS) recognize common-in law partners for benefit eligibility. However, you may need to prove your relationship with documents like shared bills, lease agreements, or sworn declarations.
4. Estate and Inheritance Rights
This is where things get tricky. If a common-in law partner passes away without a will, the surviving partner might not automatically inherit their estate, unlike a married spouse. That’s why having a will and proper legal documentation is crucial for common-in law couples.
How to Prove a Common-in Law Relationship
You might be required to prove your relationship to access benefits, file taxes jointly, or handle legal matters.
The government or an institution may ask for:
- Joint bank account statements
- Shared lease or mortgage agreements
- Utility bills in both names
- Affidavits or statutory declarations
A statutory declaration of common-law union is often requested for immigration or government benefit applications. A notary public can help you prepare and certify this document.
Read Also: Key Differences between Affidavit vs Statutory Declaration
Common-In Law vs. Marriage: What’s the Difference?
While both types of relationships may look similar on the surface, legally there are some major differences:
Being aware of these differences can help you make informed decisions about legal protections and planning for the future.
FAQs About Common-in Law Partners
1. Do common-in law partners need to register their relationship?
No. In BC, your relationship is legally recognized based on how long you’ve lived together and whether you act as a couple — no registration is required.
2. Can we file taxes together as common-in law partners?
Yes. The Canada Revenue Agency (CRA) recognizes common-in law relationships for tax purposes. You must update your status after living together for 12 continuous months.
3. Do we need a will if we’re common-in law?
Yes — and it’s highly recommended. Without a will, a common-in law partner might not inherit anything automatically if the other partner dies.
4. Can a notary help with common-in law legal documents?
Absolutely. A notary can help you prepare and sign statutory declarations, cohabitation agreements, wills, and more — all essential for protecting both partners.
Why Legal Support Matters for Common-in Law Couples?
Many people assume living together gives them the same rights as marriage — but that’s not always true. A breakup, sudden death, or legal dispute can quickly show how vulnerable one or both partners can be if they don’t have the right paperwork in place.
That’s why cohabitation agreements, wills, and notarized documents are so important for common-in law couples. These documents outline responsibilities, protect property, and ensure your wishes are respected if something happens.
Need Help with Common-in Law Legal Documents in Surrey or Langley?
If you’re in a common-in law relationship and need legal paperwork to protect your future, Notary In Clayton is here to help. Whether you need a statutory declaration of common-law union, a cohabitation agreement, or a will, our team offers fast, professional notary services in Surrey and Langley.
We make it simple and stress-free to get the documents you need — and we’ll guide you every step of the way.
Contact Notary In Clayton today to book your appointment and make sure your relationship is legally recognized and protected.