How Long Is Common Law in BC? 2-Year Rule & Rights (2026)

Two points matter more than anything else on this page:

• If you have a child together, support obligations can arise even before the two-year mark, though property division does not.
• If you separate, an unmarried spouse must start a claim for property division, pension division, or spousal support no later than two years after separation. Miss that deadline and those claims can be lost entirely.

Here is what all of that means in practice, and how courts decide whether a relationship is "marriage-like".

Why BC Law Treats Common Law Couples Like Married Couples

Over time, the concept of a standard and socially accepted living arrangement has evolved, and the law has evolved with it. Traditionally, marriage was considered the centrepiece of a family, but many couples today choose not to marry, whether for personal, financial, or philosophical reasons. The law has adapted to these changing sentiments, and one result is the legal recognition of common law relationships.

A common law couple lives in a "marriage-like relationship". Since the BC Family Law Act came into force in 2013, couples who meet the definition of "spouse" have the same rights to property and debt division as a legally married couple, even though they never signed a marriage licence. One difference remains worth knowing: the federal Divorce Act does not apply to common law couples. Common law spouses resolve their separation entirely under the Family Law Act, which can affect how a case is framed.

The Two-Year Rule, Precisely

Under section 3(1)(b) of the Family Law Act, "spouse" includes two people, of the same or opposite sex, who have lived together in a marriage-like relationship for a continuous period of at least two years. Both parts matter: the relationship must be marriage-like, and the period must be continuous.

There is one important exception to the time requirement. If you lived together in a marriage-like relationship and have a child together, you are a spouse for spousal support purposes even without the two years, but not for property division or pension division. Section 3(1)(b)(ii) says having a child with the other person makes you a spouse "except in Parts 5 [Property Division] and 6 [Pension Division]". Note that living together in a marriage-like relationship is required either way: parents who never did so are not spouses under the Act at all.

Child support is a separate matter and is owed regardless of whether you are spouses: under section 147, each parent and guardian of a child has a duty to provide support for the child. Relationship length is irrelevant to that duty.

What "Marriage-Like" Actually Means

The two-year clock only runs while the relationship is marriage-like, so this question comes up in almost every disputed case. There is no single test. Courts look at how the couple lived: whether they shared a home, how they arranged their finances, how they presented themselves to family and friends, and what each of them intended the relationship to be.

Some factors the court may view include but are not limited to:

1. Joint ownership or rental agreement of a home
2. Identification with same home address
3. Joint finances
4. Splitting household expenses such as utilities
5. Physical intimacy
6. Shared children

The BC Court of Appeal confirmed in Weber v. Leclerc, 2015 BCCA 492 that these factors are not a checklist: courts look at the relationship as a whole to decide whether it is "marriage-like". No single factor decides the question, and no single missing factor rules it out. A couple can keep separate bank accounts and still be spouses; a couple can share a lease and not be.

Satisfying these or other similar factors would demonstrate a marriage-like relationship to the court, entitling you to child and spousal support, property and debt division, and other legal rights of a spouse, such as contesting a will if your partner passes away, or inheriting under intestacy laws if there is no will.

What Rights Attach at Two Years

Once you meet the two-year threshold, the Family Law Act treats you essentially the same as a married spouse. If the relationship later ends, the main rights are:

Equal division of family property and family debt. Under section 81 of the Family Law Act, family property and family debt are divided equally between spouses regardless of whose name is on title. It does not matter that the house, the vehicle, or the savings account is registered to one spouse alone. Our property division page explains how this works in more detail.

Excluded property rules. Not everything is split down the middle. Under sections 84 and 85, excluded property stays with the spouse who owns it, but the growth in its value during the relationship is shared. In broad terms: what each of you brought into the relationship stays yours, while what was built during the relationship is divided.

Spousal support. Spousal support eligibility under Part 7 of the Family Law Act applies to common law spouses on the same footing as married spouses. Whether support is actually payable, how much, and for how long depends on the circumstances of the relationship. See our spousal support page for how these claims work.

If you are working through a common law separation now, our common law separation page covers the process from start to finish.

The Two-Year Trap: The Limitation Period After Separation

This is the single most expensive misunderstanding in this area of law, and it deserves its own section.

Under section 198(2) of the Family Law Act, a spouse who was never married must start a court proceeding for property division, pension division, or spousal support no later than two years after the date of separation. For married spouses, the two-year clock runs from the date of divorce instead.

Notice the asymmetry. A married couple can be separated for years before divorcing, and the limitation clock has not even started. A common law couple's clock starts running the day they separate, and separation for common law couples involves no court filing, no paperwork, and no official date stamp. The two years can pass quietly while the parties cool off, try to sort things out informally, or simply avoid the subject. By the time one of them sees a lawyer, the property and support claims may already be out of time.

If you have separated from a common law partner and property or support is unresolved, do not wait. Getting advice early costs nothing here (our initial consultation is free) and protects your position. Many couples resolve everything by negotiation rather than court; see our guide to separation agreements in BC for how a negotiated resolution is put in writing. But a signed agreement or a filed claim needs to happen inside the window.

Together Less Than Two Years? You Still May Have Options

If you have not lived together for two years and have no child together, the spousal support and property division rights in the Family Law Act do not apply. That does not always mean walking away with nothing.

Unjust enrichment. Other legal claims, such as unjust enrichment, as set out in Kerr v. Baranow, 2011 SCC 10, may still be available depending on the circumstances. In general terms, this type of claim asks whether one partner was enriched at the other's expense with no legal reason for it, for example where one partner contributed money or work to property held in the other's name. These claims are fact-driven and harder to predict than Family Law Act claims, which is one more reason short-relationship separations benefit from early legal advice.

Child support. Child support never depends on the length of your relationship. As noted above, section 147 places the duty on each parent and guardian, spouses or not. Our guide to child support in BC explains how amounts are set.

Spousal support with a child. As covered earlier, a couple who lived in a marriage-like relationship and had a child together can face spousal support obligations even under two years.

Cohabitation Agreements: Deciding the Rules Yourselves

A cohabitation agreement is a legally binding contract between the two parties of a common law relationship. Akin to a prenuptial agreement, it outlines a mutual division of assets and debts, and can address other matters such as child support or parenting provisions, if the relationship were to come to an end. The contract can be drafted before or during the common law relationship.

This is the main tool for couples who want certainty. If you would rather not have the Family Law Act's default 50/50 division apply to some or all of your property, an agreement can set your own terms. Agreements tend to hold up better when both parties exchange full financial disclosure and each gets independent legal advice before signing. Our family law agreements page covers cohabitation agreements and what goes into a well-drafted one.

Frequently Asked Questions

Do we need to register anything to become common law in BC? No. There is no registration, application, or certificate. Spousal status under the Family Law Act arises automatically once you have lived in a marriage-like relationship for a continuous period of two years, whether or not you ever intended to take on those rights and obligations.

Does a joint lease make us common law? Not by itself. A joint lease or joint ownership is one factor among many. Roommates who split rent are not spouses. The question is always whether the relationship as a whole is marriage-like, looking at finances, living arrangements, how you present as a couple, and your intentions.

We broke up for a while and got back together. Does the two-year clock restart? It depends on the facts. The Act requires a continuous period of at least two years, but whether a temporary separation breaks continuity is fact-specific: courts look at the whole of the relationship, not just the time apart. There is no fixed rule that a gap of a certain length resets the clock. If your rights may turn on this question, get legal advice about your specific timeline.

We are engaged. Does that change our status? An engagement does not, on its own, make you spouses. Your plans and intentions are part of the overall marriage-like picture, but legal spousal status comes from either marrying or reaching two years of marriage-like cohabitation. If you marry, you are spouses from the date of the marriage.

Am I responsible for my partner's debts? Once you are spouses, section 81's equal division applies to family debt as well as family property, regardless of whose name the debt is in. Debt run up during the relationship can end up shared on separation, which surprises many people.

Can we opt out of property division? Yes. A cohabitation agreement can change or opt out of the Family Law Act's default property division rules. This is the practical answer for couples who want to live together without taking on the full property consequences.

Is "common law" the same for taxes, benefits, and immigration? Not necessarily. Different laws and programs use their own definitions and time periods, so you can be treated as a spouse for one purpose and not another. This guide covers the BC Family Law Act only, which governs property, debt, and support when a relationship in BC ends.

Talk to a Family Lawyer About Your Situation

When a common law relationship ends, many of the same issues arise as in a marriage breakdown: for parenting, see our guide to shared parenting arrangements in British Columbia, and if you are married, see the grounds for divorce in BC explained.

Any family law matter can be overwhelming, and common law arrangements are no exception, especially with a two-year limitation clock that may already be running. Our lawyers have the experience to guide you and simplify the process so you are not tackling this on your own. Contact SiLaw Group Family Lawyers, serving White Rock and communities across British Columbia from our Surrey office, so we can inform you about your rights.

We offer a free 30-minute legal consultation with one of our family lawyers: book a free consultation to meet with us on the telephone, by video conference, or in person at our office located 201-3108 Croydon Drive, Surrey, British Columbia. We can be reached at (778) 381-9977. Services are also available in Punjabi: visit our Punjabi speaking family lawyer in Surrey page to learn more.