What are your legal rights when you separate from your common law partner? The answer depends on where you live. British Columbia family law and common law partner entitlements are among the most generous in Canada. Read on for important information about common law partner rights from our British Columbia family lawyer.
Agreements can impact legal entitlements
Before diving in, please note that the laws and rules discussed herein are the “defaults.” If you and your common law partner entered into a Cohabitation Agreement at the start of your relationship, your rights and entitlements may be different. By that same token, it is also open to you and your common law partner to opt out of these defaults and negotiate different entitlements on separation by preparing a written Separation Agreement.
Who is considered a common law spouse in BC?
In British Columbia, you and your common law partner are considered spouses once you have lived together for a continuous period of at least two years. That is because BC’s Family Law Act expanded the definition of “spouse” to include people who live together in a “marriage-like relationship” but never married.
BC family law is different from the law in other Canadian provinces. For example, Ontario’s family laws state that unmarried partners aren’t considered common law spouses until they have cohabited for at least three years.
Federal law, which applies to matters such as income taxes, benefits, immigration, and Old Age Pension, also defines common law in a different way. The federal government considers an unmarried couple to be in a common law relationship after just one year of living together in a conjugal relationship which is similar to BC’s definition of “marriage-like”.
What property rights does a common law spouse have in BC?
Common law partners in British Columbia who have lived together consecutively in a marriage-like relationship for two years or more automatically have the same property rights and obligations on separation as legally married spouses. That means BC common law spouses are entitled to an equal share of all family property accumulated during their relationship and they are required to equally share all debt, including credit card debt, student loans and vehicle loans.
Property rights for common law partners in provinces other than BC are typically much less generous. For example, in Ontario, common law spouses do not have the legal right to split property or debt acquired when they lived together, and do not have the right to an equal share of the increase in value of property they brought into the relationship. Instead, property and debt belong to the person who bought them.
What about spousal support at the end of a common law marriage?
In British Columbia, a common-law spouse has the same right as a married spouse to make a claim for spousal support. It is important to note that spousal support is not an automatic right for either married or common law spouses. The spouse claiming support must prove they are entitled to it. Whether a spousal support obligation exists depends on factors such as the length of the relationship, financial need, the roles each spouse played during the relationship, and whether the spouses made an agreement about entitlement to spousal support such as a cohabitation agreement or marriage contract.
Child support and parental rights for common law partners
Parents have the same legal rights and responsibilities toward their children whether they are legally married, common-law spouses or never lived together at all. A child has the right to be financially supported by both parents regardless of marital status. Decisions about parental rights such as parenting time and decision-making authority are based on the child’s best interests.
Divorce and common law partner termination
There is no such thing as a “common law divorce” in Canada. A common law spouse does not need to divorce to end the relationship and there is no formal process to separate from a common law spouse a common law partnership is terminated when the couple begins to live “separate and apart.” This typically means not living together anymore but it is possible to be living separate and apart while still living in the same house provided the clear intention to separate has been communicated and acted upon.
Call Valerie M. Little When You Need a British Columbia Family Lawyer
If you are wondering about your rights and obligations at the end of your common law relationship or you are concerned about how BC's unmarried spouse rules apply to property and debt in your situation, contact Valerie M. Little for help. Valerie can advise you on your common law legal rights and entitlements.
Valerie can also assist you by preparing a cohabitation agreement that will apply in the event that you do separate in the future.
If your relationship is at an end, she can assist you in preparing a legal separation agreement between you and your former partner customized to your particular situation.
Valerie is a certified family law mediator and she will work hard to amicably resolve your legal problems outside the court through mediation and negotiation. If that approach is unsuccessful or unsuitable for your unique situation, she will go to court for you and utilize her over 30 years of experience in the courtroom to help you achieve the best outcome possible.
Valerie M. Little Law Corporation is a family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley.. To schedule your confidential appointment, call 604-526-3333 or email us.
תגובות