Common-Law Property Rights in British Columbia

The Same Regime as Married Spouses, Not a Lesser One

People still arrive at our office assuming BC runs a smaller, weaker property system for unmarried couples. It does not. Once you have lived with your partner in a marriage-like relationship for a continuous period of at least two years, the Family Law Act treats you as a spouse, and Part 5 of the Act, the property division part, applies to you the same way it applies to a married couple. Common-law property rights in British Columbia are married property rights with a different entry point.

If you are not sure you meet the two-year threshold, start with our reader guide, are we in a common-law relationship in British Columbia? It walks through how that line gets drawn. This page assumes you are over the line, or close to it, and covers what the regime means and what we do inside it.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. We practise family law only, in English and Punjabi, and property files for unmarried spouses are a steady part of our common-law work. The broader service is described on our property division page.

Three Sections That Do Most of the Work

Section 81, equal entitlement. On separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and each is equally responsible for family debt. The section says this applies regardless of the spouses' respective use or contribution, and it is subject to an agreement or order that provides otherwise and to the Act's exceptions.

Section 84, family property. The definition is broad: real and personal property that at least one spouse owns on the date of separation, expressly including shares and business interests, money in accounts with financial institutions, pensions and retirement savings plans, and the amount by which excluded property has grown in value during the relationship.

Section 85, excluded property. Property a spouse acquired before the relationship began, inheritances, gifts from third parties, certain damage awards and insurance proceeds, and property derived from any of these are excluded from family property. The exclusion is available to unmarried spouses on the same terms as married ones. Two details in the section matter in practice: the spouse claiming an exclusion is responsible for demonstrating it, and the exclusion can survive even where the property was transferred into the other spouse's name. Our excluded property guide goes into depth on how exclusions are proven and lost.

The Two-Year Deadline After Separation

For unmarried spouses the clock is unforgiving. Under section 198(2)(b) of the Act, a spouse who lived in a marriage-like relationship must start a court proceeding for property division or spousal support no later than two years after the date of separation. Married spouses count their two years from a divorce judgment or an order declaring the marriage a nullity instead, so in real life the common-law deadline lands much earlier.

The Act suspends the clock while the parties are engaged in family dispute resolution with a family dispute resolution professional, such as a mediator. That suspension is useful, but it is not something to lean on casually. Part of what clients hire us for is simple deadline discipline: fixing the separation date, diarizing the limit, and filing in time if talks drag.

What We Do on a Common-Law Property File

• Confirm status and dates. Spouse status, the relationship start date, and the separation date each move money, so we nail them down first.
• Build the full picture. We assemble the property and debt inventory on both sides, press for proper disclosure, and classify each item as family or excluded.
• Prove the exclusions. Because the claiming spouse carries the burden, we trace pre-relationship assets, inheritances, and gifts through the paper trail so the exclusion holds up.
• Settle it properly. Most files resolve by agreement, recorded in a separation agreement that actually protects you. In-house mediation is available when negotiation needs structure, and we litigate when court is the right tool rather than the reflex.

Frequently Asked Questions

Does It Matter Whose Name Is on Title?

Less than most people think. Family property is property that at least one spouse owns on the date of separation, so a house, account, or investment held in your partner's sole name can still be family property. Entitlement under section 81 does not depend on use or contribution either. Title matters for some purposes, but it does not decide the division on its own.

What Property Do I Keep as Excluded?

Broadly, what you brought into the relationship, plus inheritances, gifts from third parties, and certain awards and insurance proceeds, along with property derived from them. Keep in mind that the growth in value of excluded property during the relationship is itself family property, and that you carry the burden of demonstrating any exclusion. These fights are won and lost on records.

What Happens if I Miss the Two-Year Deadline?

Options narrow sharply, and whether anything remains depends on the facts, including whether the clock was suspended during family dispute resolution. The safe course is to never test the question. If separation looks likely, or has already happened, get advice on your timeline right away.

Talk to a Lawyer About Common-Law Property Rights for Free

If you are separating from a common-law partner, or want to understand your position before things change, the first 30 minutes with SiLaw Group are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.