Gavin Howe
In British Columbia, common-law relationships are not legally recognized as common law but instead as marriage-like relationships. Couples in a common-law relationship are treated similarly to married couples, with the same rights and obligations, including a 50/50 split of debts and assets. To be considered a common-law couple in British Columbia, partners must have lived together in a marriage-like relationship for at least two years, or for less than two years if they have a child together. It is important to note that there is no form to fill out or court document to file to become common law in British Columbia; the status is automatically granted after the two-year period unless there is an active opt-out.
| Characteristics | Values |
|---|---|
| Time period | Couples must live together for a continuous period of at least two years to be considered common-law spouses. However, for tax purposes, the federal government considers couples common-law after one year of living together. |
| Marriage-like relationship | The term "marriage-like relationship" is used instead of "common-law" in British Columbia. This term refers to couples who live together and share financial obligations and rights, similar to a married couple. |
| Rights and obligations | Common-law spouses have the same rights and obligations as married couples, including a 50/50 split of debts and assets upon separation. They are also entitled to spousal support and are treated as next of kin for division of debt and property in the event of a spouse's death. |
| Cohabitation agreement | A cohabitation agreement is beneficial for couples considering moving in together. It covers financial issues, such as the division of income, assets, and debts, in the event of a breakup. |
| Annulment | Common-law relationships are not eligible for annulments but may involve separations where assets and obligations are resolved. |
| Family Law Act | The Family Law Act of 2013 in British Columbia grants common-law spouses the same rights and obligations as married spouses. Couples can opt-out of this regime if they do not want to be legally considered spouses. |
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What You'll Learn
Common-law rights and obligations
In British Columbia, common-law couples are treated similarly to married couples. Under the Family Law Act of 2013, couples who have lived together in a "marriage-like relationship" for at least two years are automatically considered common-law spouses, unless they actively opt out. This legislation grants common-law partners the same rights and obligations as married spouses, including a 50/50 split of debts and assets, excluding pre-relationship property, inheritances, and gifts.
Upon the death of a common-law spouse in British Columbia, their estate is divided similarly to that of a married spouse. With or without a legal will, spouses are typically considered among the next of kin for the division of debt and property. If a spouse dies and leaves their partner with little or nothing, the surviving spouse can make a claim against the estate. However, anyone with a financial interest in the estate, including family members and those mentioned in previous wills, can contest it.
When it comes to property ownership, if a house is owned as tenants in common, the surviving spouse does not automatically inherit the other spouse's share of the house. Instead, it goes to the designated beneficiary in the will or becomes part of the general estate of the deceased spouse. In this case, the surviving spouse may end up co-owning the house with the deceased spouse's family members. On the other hand, if the deed to the house specifies joint tenancy, the surviving spouse automatically inherits the other spouse's share.
It is important to note that Canada's tax laws have a different definition of common-law spouses. For tax purposes, you are considered common law after living together for one year in a "conjugal relationship." This can impact benefits, the Canada Pension Plan, and Old Age Security. Therefore, it is advisable to consult with a legal professional to understand your specific rights and obligations as a common-law couple in British Columbia.
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Common-law spousal support
In British Columbia, common-law couples are treated similarly to married couples when it comes to spousal support. Under the BC Family Law Act, when common-law couples separate, each spouse may be entitled to spousal support under certain circumstances. This includes a 50/50 split of assets and liabilities accumulated during the relationship, excluding pre-existing property, inheritances, and gifts.
To qualify as common-law spouses in British Columbia, a couple must have lived together in a marriage-like relationship for a continuous period of at least two years, even if they are not legally married. Alternatively, if the couple has a child together and has lived together in a marriage-like relationship for less than two years, they may also be considered common-law spouses for the purposes of claiming spousal support.
It is important to note that common-law relationships in British Columbia are not eligible for annulments. Instead, the dissolution of a common-law relationship triggers legal consequences similar to divorce for married couples, including the division of property, determination of parenting arrangements, child support obligations, and potential entitlement to spousal support.
To determine spousal support, the court considers how one person's income-earning capacity may have been impacted by the role they took on during the relationship. Spousal support is separate from child support and is not a right in every case. It is recommended to seek legal advice and consult with a family justice counsellor or a lawyer to understand your rights and obligations regarding spousal support.
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Common-law and cohabitation agreements
In British Columbia, common-law relationships are not legally recognised as "common law" but instead as "marriage-like relationships". Couples in a "marriage-like relationship" are treated similarly to married couples, with the same rights and obligations, including a 50/50 split of debts and assets excluding pre-relationship property, inheritances, and gifts.
To be considered a "marriage-like relationship" in British Columbia, a couple must have lived together for at least two years, even if they are not legally married. Couples who have lived together for less than two years but have a child together are also considered to be in a "marriage-like relationship" for the purposes of claiming spousal support.
There is no form to fill out or court document to file to become common-law spouses in British Columbia. After two years of living together in a marriage-like relationship, couples automatically take on the status of common-law spouses unless they actively opt out. For tax purposes, couples are considered common law after living together for one year.
Cohabitation agreements can be beneficial for couples who are thinking about moving in together or have already done so. These agreements typically cover the main financial issues that can arise if the relationship ends, such as the division of income, assets, and debts. Cohabitation agreements can help to alleviate issues and provide guidance in the event of a breakup.
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Common-law and tax purposes
In British Columbia, common-law relationships are legally recognised and offer an alternative to marriage. However, it is important to understand how the Canada Revenue Agency (CRA) treats common-law relationships for tax purposes.
The CRA defines common-law partners as those who meet the outlined criteria, which includes cohabitation and a level of commitment similar to marriage for at least twelve continuous months. This definition is crucial for tax filing purposes, as the CRA recognises common-law partners as equivalent to married couples in terms of tax benefits, credits, and deductions.
When filing taxes, Canadians must disclose their marital status, and if they meet the definition of a common-law relationship, they must indicate this on their tax return. Common-law partners are considered married for tax purposes, and they must provide information about their partner, including their name, Social Insurance Number, and net income.
There are several tax advantages to being recognised as a common-law couple. These include the ability to transfer unused tax credits to reduce the household tax rate, such as post-secondary education credits, the Disability Tax Credit, and the age credit. Common-law partners may also combine medical and charitable donations when filing tax returns, potentially maximising tax savings. Additionally, they can benefit from income splitting, which can reduce the overall tax burden by splitting income between spouses.
It is important to note that failing to indicate the correct marital status on tax returns is considered tax fraud. Therefore, understanding the CRA's definition of a common-law relationship and accurately reporting it on tax filings is essential for individuals in British Columbia.
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Common-law and property rights
In British Columbia, common-law couples are not covered by the Divorce Act, and their rights are governed by the Family Law Act. Under this Act, common-law partners are treated similarly to married couples when it comes to property rights and spousal support.
Property Rights
Common-law partners in British Columbia have the same rights to property as married couples upon separation. This includes the right to an equal share of property acquired during the relationship, i.e., one-half of its value. Property brought into the relationship is usually excluded from this division, although any increase in value during the relationship is subject to division. Gifts, inheritances, and personal injury payouts are also typically exempt. These property division rules only apply to relationships of two years or more.
Establishing Common-Law Status
To establish common-law status in British Columbia, a couple must demonstrate a "marriage-like" relationship for at least two consecutive years. While simply living together or having a romantic relationship is not enough, living like a married couple without a formal ceremony can qualify. Separate residences may still qualify as common-law, but living under the same roof strengthens the case. Other factors that contribute to establishing common-law status include shared finances, mutual support, public recognition as a couple, and shared commitments such as joint property ownership.
Differences with Married Couples
While common-law partners in British Columbia generally have the same rights and obligations as married couples, there are some differences. Common-law relationships are not eligible for annulments, and upon separation, common-law partners can only refer to the Family Law Act, whereas married couples can also refer to the Divorce Act, which may offer additional benefits.
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Frequently asked questions
A common-law relationship in British Columbia is a legally recognised union between two people who are not married but live together in a "marriage-like relationship".
Common-law partners in British Columbia are granted the same rights and obligations as married couples. This includes spousal support, rights to assets and property, and the ability to claim against an estate if a partner dies and leaves them with nothing.
To become common law in British Columbia, a couple must live together in a "marriage-like relationship" for a continuous period of at least two years. Same-sex couples are also recognised under this law.
No, there is no form to fill out or court document to file. You automatically take on the status of a common-law spouse after two years of living together in a marriage-like relationship.
For tax purposes, you are considered common law after living together for one year. When filing tax returns, claim common-law status after this period.
