Common-Law Separation in Canada
Common-law rights vary dramatically by province. What you're entitled to depends on where you live. Understand your provincial system.
Provincial Differences in Property Rights
Where you live determines your rights
British Columbia
YESThreshold: 2+ years cohabiting or child together
BC treats common-law ("spouses") same as married for property division after 2 years
Ontario
NOThreshold: 3+ years or child together
Ontario common-law couples have NO property rights. Only spousal support available.
Alberta
LIMITEDThreshold: 3+ years or child together
Adult Interdependent Partners can apply for property orders, not automatic
Quebec
NOThreshold: De facto spouses recognized
Quebec de facto spouses have NO property rights, NO family patrimony division
What Common-Law Couples Can Get
Rights that apply regardless of province
Child Support
Federal Child Support Guidelines apply equally to married and common-law parents
Spousal Support
Common-law spouses can claim spousal support in all provinces (after meeting threshold)
Parenting Orders
Divorce Act doesn't apply (no divorce possible), but provincial family law allows parenting orders
Property Division
BC: Yes. Ontario/Quebec: No. Alberta/Sask: Limited. Other provinces: varies
Pension Division
Only available if province grants property rights to common-law couples
Ontario Common-Law: Your Only Options
Complex litigation required - no automatic property rights
- Constructive trust: prove you contributed to property (financial or non-financial) and have no legal title
- Unjust enrichment: prove your ex was enriched, you suffered deprivation, and no legal reason for it
- Joint family venture: prove relationship was economic partnership with mutual contributions
- Contract claim: if you have written cohabitation agreement
- Resulting trust: prove you contributed money to purchase but not on title
How to Protect Yourself
Essential steps for common-law couples
- Sign a Cohabitation Agreement BEFORE moving in together (specify property, support, etc.)
- Keep your own assets separate - don't commingle finances
- Stay on title of property you own before relationship
- Document all contributions to partner's property (renovations, mortgage payments, etc.)
- In Ontario/Quebec: understand you have NO automatic property rights
- In BC: understand you DO have property rights after 2 years
- Update beneficiaries on RRSPs, life insurance, pensions
- Make a will - common-law partners don't automatically inherit
Frequently Asked Questions
Understand Your Provincial Rights
Splitifi helps common-law couples understand their specific provincial rights, create cohabitation agreements, and navigate separation.