Common-law relationships can create legal rights and responsibilities similar to those of married spouses, but many misconceptions exist about when and how this status is recognized. In British Columbia, understanding the legal framework surrounding common-law relationships is essential to avoid unintended legal obligations.
Misconception 1:
Instead of Married, It’s Called Being Common Law. This is incorrect. Under the Family Law Act of British Columbia, people who are considered “spouses” if they are married or have lived in a “marriage-like relationship” for a continuous period of at least two years or have a child with the other person while living in a marriage-like relationship. However, many people still call unmarried spouses common law partners to clarify that they are not legally married. Family lawyers know what you mean when you say, “common law”, and we are choosing to use that term in this blog post because it’s what most people are searching for. Now, let’s look at some other misconceptions.
Misconception 2:
You Become Common Law After One Year (or less). A widespread myth is that living together for one year automatically grants common-law status. This misunderstanding likely stems from tax regulations set by the Canada Revenue Agency (CRA), which requires couples to report as common law for tax purposes after 12 months of continuous cohabitation. However, under British Columbia’s Family Law Act, a couple is only recognized as common-law after two years of living together in a marriage-like relationship (or having a child while living together if that occurs prior to living together for two years). This distinction is critical because tax status does not automatically translate into legal rights under family law.
Some individuals believe that living together for three months or six months is enough to be recognized as common law. This misconception arises from eligibility requirements for certain health benefit plans, where partners may qualify for coverage early on in cohabitation. However, for the purposes of family law in British Columbia, this period is not sufficient to establish common-law rights unless the couple has a child while living in a marriage-like relationship.
Misconception 3:
Common-Law Rules Are the Same Across Canada. Another common misunderstanding is that the same rules about common-law relationships apply in every province. In reality, each province has its own rules and legal thresholds for common-law recognition. In British Columbia, it takes two years of cohabitation to be considered common law under the Family Law Act. In contrast, Alberta requires three years. These differences highlight the importance of understanding local laws when you’re considering moving in with a significant other.
Why Understanding Common-Law Status Matters
Many couples unknowingly enter into common-law relationships without realizing the legal implications. Once recognized as common law in British Columbia, partners may have property division rights, spousal support obligations, and other legal responsibilities similar to those of married couples. Understanding these rules can help individuals make informed decisions about cohabitation, financial planning, and relationship agreements.
How a Family Lawyer Can Help
If you are considering moving in with a partner or are unsure about your legal rights in a common-law relationship, consulting a family lawyer can provide clarity and protection. A lawyer can explain property rights, and ensure that you understand the legal consequences of your relationship status. Lawyers can also draft cohabitation agreements, which are like prenuptial agreements, but instead of being signed before you get married, it is signed before you move in together. Lawyers can also draft post-cohabitation agreements or post-nuptial agreements depending on your circumstances.
By dispelling these misconceptions and gaining a clear understanding of common-law relationships in British Columbia, individuals can make informed choices and avoid unexpected legal consequences. If you are interested in learning more or would like legal advice about your situation, please reach out for a consultation.