Anaya Nolan
Ending a common-law relationship in British Columbia involves navigating property division, parenting arrangements, child support payments, and spousal support. While common-law partners do not have a matrimonial home, and each partner is entitled to what they brought into the relationship, they can still agree on how to deal with property and debt. If the property is jointly owned or rented, the partner refusing to sell may need to be sued, and the court can make orders about selling the home. If the property is solely owned, the partner may still have a right to the property, and the police may not enforce their removal without a court order. To obtain a court order, one must show that it is practically impossible for both parties to remain in the home.
| Characteristics | Values |
|---|---|
| Common-law relationship definition | A common-law relationship is when two individuals live together in a marriage-like situation without being married legally. |
| Common-law relationship rights | Common-law partners do not have a matrimonial home. Each partner is entitled to what they brought into the relationship. |
| Common-law separation | A separation agreement can be created to outline how issues arising from the relationship will be settled, including division of property, debt, spousal support, child support, and parenting arrangements. |
| Eviction process | The police will not enforce an eviction unless there is a court order. The court can make an order giving a spouse exclusive occupancy of the home for a specific period. |
| Property ownership | If one partner is the sole owner of the property, they may not be able to force the other partner to move out. If the property is jointly owned, a court can order its sale. |
| Protection | A peace bond can be obtained, where the partner agrees to keep the peace and not contact the other party for a set period. A protection order can also be obtained under the Family Law Act to limit communication. |
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What You'll Learn
Seek legal advice from a family lawyer
If you are considering evicting your common-law partner from your home in British Columbia, it is important to seek legal advice from a qualified family lawyer. The laws regarding common-law relationships and property rights can be complex, and a lawyer can help you understand your rights and options.
In British Columbia, common-law partners may have similar rights to married spouses, including the right to occupy the family home. To evict your partner, you must follow the proper legal procedures, and a family lawyer can guide you through this process. They can explain the specific laws that apply to your situation and help you understand the strengths and weaknesses of your case.
When choosing a family lawyer, look for someone who specializes in family and domestic law and has experience handling cases similar to yours. You can ask friends or family for recommendations, or contact the Law Society of British Columbia for a referral. The initial consultation with a lawyer is typically confidential and will help you assess your situation and decide on the best course of action.
During your consultation, be prepared to provide the lawyer with detailed information about your situation, including the length of your relationship, any agreements or understandings between you and your partner, and the circumstances that have led to the eviction. Bring any relevant documents, such as tenancy agreements, mortgage information, or other evidence of ownership or occupation of the property. The lawyer will use this information to assess your case and provide you with tailored advice.
A family lawyer can represent you in negotiations with your partner or their lawyer and help you reach a mutually agreeable solution. They can also assist in drafting and reviewing any legal documents, such as a separation agreement, which may include provisions for the occupancy or sale of the property. If necessary, your lawyer can represent you in court and advocate for your interests during the eviction process.
Remember that the legal process can be complex and emotionally challenging, so having a knowledgeable and experienced family lawyer on your side can provide crucial support and guidance during this difficult time.
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File a notice of property agreement
If you are looking to evict a common-law partner in BC, it is important to understand that common-law partners do not have a matrimonial home. This means that if the house is in your name, it is solely yours, and you technically can evict your partner. However, this is generally not recommended as the court may not look favourably upon this action.
Now, if you and your partner are joint owners of your family home and they refuse to leave or sell their share of the property, you may need to take legal action. Here is where filing a notice of property agreement comes in.
Filing a Notice of Property Agreement:
A notice of property agreement is a legal document that can be filed to protect your interests in the shared property. It prevents your partner from making unilateral decisions regarding the property, such as selling or refinancing it, without your knowledge and consent. This is particularly relevant if a court case has already started, as it ensures neither party can take advantage of the other during the legal proceedings.
To file a notice of property agreement, you will need to have a written agreement with your partner that deals with the property in question. This agreement should outline how you will divide the property and any associated debt. It is crucial to have full financial disclosure from both parties to ensure the agreement is fair and enforceable.
Once you have this agreement, you can file the notice with the BC Supreme Court. This process may vary depending on your specific circumstances and the province's legal procedures, so it is always recommended to seek independent legal advice. A family lawyer can guide you through the process and ensure your rights are protected.
Additional Considerations:
It is important to note that if you and your partner are renting your home, the key consideration is whose name is on the lease or rental agreement. That person is legally responsible for paying the rent and has more rights regarding occupancy. However, if the other person wants to stay, arrangements can be made with the landlord to transfer the rental agreement to their name.
Additionally, if you are concerned for your physical safety due to harassment or abuse, you should contact the police right away. They can advise you on options such as criminal charges or a peace bond, which can provide conditions for your partner's communication with you.
In summary, while you can technically evict a common-law partner in BC, it is a complex process with potential legal and personal implications. Filing a notice of property agreement is just one aspect of this process, and seeking legal advice is highly recommended to ensure you take the correct steps to protect your interests.
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Understand your rights as a common-law partner
In British Columbia, a common-law relationship is recognized as a "marriage-like" relationship if certain factors are present. These factors include living under the same roof, having a sexual relationship, sharing meals and household chores, attending special events together as a couple, sleeping arrangements, financial support, and care of children (if any).
If you have lived with your partner for at least two years and then separated, they may argue that you were common-law partners and thus have rights to property division and spousal support. Conversely, if you lived together for less than two years without children, your former partner may not be considered a "spouse," and they would not have the same rights to property division or spousal support.
As a common-law partner in BC, you have the right to an equal share of all family property accumulated during your relationship, and you are required to equally share all debt, including credit card debt, student loans, and vehicle loans. These rights are similar to those of legally married spouses. However, pre-relationship property, inheritances, and gifts are generally excluded from this division.
If you are ending a common-law relationship, it is important to understand that there is no formal process of separation. A common-law partnership is terminated when the couple begins to live "separate and apart," which can include living in the same house but with a clear intention to separate that has been communicated and acted upon. You can also create a separation agreement, which is a written and signed document outlining how you have agreed to settle issues arising from your relationship, such as property division, debt, spousal support, child support, and parenting arrangements.
It is recommended to seek legal advice from an experienced family lawyer to understand your specific rights and obligations as a common-law partner in BC, especially when it comes to property and financial matters.
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Create a separation agreement
In British Columbia, a common-law relationship is defined as a "marriage-like" relationship where two individuals live together without being legally married. Factors that determine a "marriage-like" relationship include living under the same roof, having a sexual relationship, sharing meals and household chores, attending special events together, sleeping arrangements, financial support, and care of children.
If you are looking to end a common-law relationship, the first step is to create a separation agreement. This is a legal contract between the two individuals that outlines how they have decided to resolve issues arising from their relationship, such as property division, spousal support, child support, and parenting arrangements. Here are some key things to keep in mind when creating a separation agreement:
- Independent Legal Advice: While it is not required, it is highly recommended to seek independent legal advice when creating a separation agreement. Each spouse should consult their own family lawyer to ensure their legal rights and interests are fully represented in the agreement. This is especially important if there are significant assets, debts, or complex issues involved.
- Division of Property and Assets: The separation agreement should outline how assets and property will be divided between the spouses. In BC, the Family Law Act sets out which assets are considered family property and how they should be divided. Generally, all assets, whether in joint or sole names, are divided equally. However, there are exceptions, such as excluded property (assets that are not considered family property). It's important to note that the increase in value of excluded property during the relationship is divisible between the spouses.
- Division of Debt: The separation agreement can also address how debt will be divided. Typically, each spouse will be responsible for half of any debt incurred during the relationship. They may also be liable for an equal share of debt accrued post-separation, such as debt incurred to maintain family property.
- Spousal Support: The agreement can include provisions for spousal support, also known as alimony. Spousal support may be claimed at the end of a common-law relationship, and it can be a significant concern, especially if one partner was financially dependent on the other.
- Child Support and Parenting Arrangements: If there are children involved, the separation agreement should outline child support arrangements and parenting time. This includes decisions on custody, access, and the overall well-being of the children.
- Reconciliation Provisions: Consider including provisions in the separation agreement that describe what will happen if the parties reconcile. It is not uncommon for a separation agreement to state that it will become a marriage agreement or cohabitation agreement in the event of reconciliation and remain legally binding.
- Review and Signing: Once the agreement has been drafted, it is crucial to have it reviewed by a family lawyer before signing. This ensures that the agreement meets the criteria of contract law and is fair to both parties. After the review, both spouses can sign the agreement and file it with the court to make it legally binding.
Remember, creating a separation agreement is a complex process, and it is always advisable to seek legal guidance to ensure your rights are protected.
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Obtain a court order for eviction
In British Columbia, common-law relationships are governed by the Family Law Act (FLA). While common-law couples are not married, they live in a "marriage-like" relationship, and the same rules that apply to divorcing married couples will apply to common-law couples regarding property division, parenting arrangements, child support payments, and spousal support.
If you are seeking to evict your common-law partner from your home, you should be aware that the police will not remove them from the property unless there is a court order. This is because, in the eyes of the law, common-law partners have a right to the property, even if it is only in one person's name.
To obtain a court order for eviction, you must demonstrate to a judge that it is practically impossible for you and your partner to remain living together in the same home. If the judge agrees, they can issue an order granting one spouse exclusive occupancy of the family home for a specific period. This rule applies to both owned and rented properties.
It is important to note that the court will not look favourably upon evicting your common-law partner, and such an action may do more harm than good to your case. It is recommended that you seek independent legal advice and create a separation agreement that outlines the terms of your separation, including who will stay in the home.
If you have children together, the partner with custody can go to court and argue that it is in the best interest of the children for them and the children to stay in the home, at least temporarily. In this case, the other partner can be replaced as the tenant on the lease.
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Frequently asked questions
In BC, a relationship is considered "marriage-like" if certain factors are present, including living under the same roof, sharing meals and household chores, and sleeping arrangements. Once you are deemed a ""spouse" under BC's Family Law Act, all property and debt accumulated during the relationship is divided equally when you separate. You may also be entitled to claim spousal support.
If you are the sole owner of the property, you may still not have the right to evict your partner. The police will not get involved unless there is a court order. You will need to obtain a court order from a judge, proving that it is practically impossible for you to remain together in the same home.
If your partner refuses to sell a jointly-owned home, you will likely need to sue to force the sale of the home. The court can make orders about selling the home and how it should be done.
