Unjust Enrichment in Common-Law Relationships

A Claim the Courts Developed, Not a Statutory One

Most of what this site says about common-law couples comes from British Columbia's Family Law Act, which gives spouses who reach the two-year line a full statutory property regime. Unjust enrichment is different. It does not come from the Act at all. It is a claim the courts developed over many years of decided cases, for situations where one person's contributions built up wealth in the other's hands with no fair basis for leaving things that way.

Because the doctrine lives in case law rather than in a statute, this page stays deliberately general. How the claim is framed, and how any particular set of facts is decided, depends on court decisions that need to be read against your situation. That is a conversation for a consultation, not a webpage.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only law we practise, in English and Punjabi, and claims like this sit at the harder edge of our common-law work.

When Unjust Enrichment Still Matters

Since the Family Law Act's property regime took over for two-year spouses, most separating common-law couples in BC divide property under the statute. The courts-developed claim now matters mainly at the edges:

• Relationships under two years. The Act's property division part applies to spouses, and for property purposes spouse status requires the two-year period. Having a child together can create spouse status for other purposes, but not for property division. A partner who spent eighteen months paying for and renovating a home held in the other's name sits outside the statutory regime, and a claim developed by the courts may be the only route to a remedy.
• Disputed status. Where the other side denies the relationship was marriage-like, or denies the period was continuous, a claim outside the Act can matter as a second path while status is being fought over.
• Older or unusual situations. Some claims arise from arrangements that sit outside the Act's property scheme. Whether yours is one of them is a question for advice, not assumption.

If there is any real chance you qualify as a spouse, that statutory route is usually the first thing to test, because property division under the Act is the more defined path. Our reader guide, are we in a common-law relationship in British Columbia?, walks through how spouse status is assessed.

The Elements, as Commonly Described

The claim is commonly described as having three elements: an enrichment of one person, a corresponding deprivation of the other, and the absence of any juristic reason, meaning any legal basis, for the enrichment.

We put it no more strongly than that here. What a successful claim leads to also varies with the facts, and we make no predictions on a webpage.

How We Approach These Files

• Status first. We start by testing whether you are, or arguably are, a spouse under the Act, because the statutory route is often the stronger one and it carries its own strict deadline.
• Evidence early. Claims outside the statute run on records: payments toward a property, renovations and labour, unpaid work in a partner's business, transfers between accounts, and messages showing what you both understood. We help you assemble that picture before it degrades.
• Straight answers. These are evidence-heavy claims and less predictable than statutory division. If we think a claim is weak, we say so before you spend money pursuing it, and if it is strong we build it properly.
• Resolution before court. Negotiation and in-house mediation can resolve contribution disputes without a trial, and usually at a fraction of the cost.
• Treat time as short. Court claims come with deadlines, and which ones apply here depends on the claim and the facts. Do not sit on a potential claim while you think it over. Get advice promptly.

Frequently Asked Questions

Can I Claim Anything if We Lived Together for Less Than Two Years?

Possibly. Property division under the Family Law Act will not be open to you, because for property purposes spouse status requires the two-year period. A claim the courts developed, such as unjust enrichment, may still be available depending on what you contributed and what the other person kept. If you have a child together, support is a separate question with its own rules. Bring the facts to a consultation and we will map the options honestly.

Is Unjust Enrichment in the Family Law Act?

No. The Act governs property division between spouses, and it is where two-year spouses usually resolve property. Unjust enrichment is judge-made law found in court decisions, which is why this page describes it only in general terms and why the details belong in a consultation.

What Evidence Helps a Contribution Claim?

Records that show what you put in and what it produced: bank transfers, receipts for materials and trades, proof of your labour on a property or in a business, mortgage and tax payments, and communications that show what the two of you understood the arrangement to be. Start gathering early, while documents and memories are still fresh.

Talk Through a Potential Claim for Free

If you contributed to property or a business that is not in your name, and the relationship has ended or is ending, 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.