Property and Debt
Common Law Rights Family Law Act In BC
Mandy Shergill10 July 20252 min read
Common law relationships are increasingly prevalent in British Columbia, but many couples remain uncertain about their legal rights. Under BC's Family Law Act (FLA), common law partners have substantially similar rights and obligations as married couples. Here's what you need to know about your rights as a common law spouse in BC.
What Qualifies as a Common Law Relationship in BC?
Under Section 3 of the Family Law Act, you're considered a common law spouse in BC if you:
- Have lived together in a marriage-like relationship for at least 2 years, or
- Have lived together for less than 2 years but have a child together
Key Rights Under the Family Law Act
Property Division
Common law partners have the same property rights as married couples under Section 81 of the FLA. This means:
- Family property acquired during the relationship is split equally
- Excluded property (owned before the relationship or received as gifts/inheritance) remains separate
- The right to divide property must be claimed within 2 years of separation
Spousal Support
Under Section 160 of the FLA, common law spouse can claim spousal support. Factors considered include:
- Length of the relationship
- Financial dependency created during the relationship
- Each partner's earning capacity
- Impact of relationship roles on career opportunities
Parental Rights
Common law parents have the same rights and responsibilities regarding:
- Guardianship
- Parenting time and Parental Responsibilities
- Child support obligations
Common Questions About Common Law Rights
Can common law partners claim pension benefits?
Yes. Common law partners may be entitled to Canada Pension Plan (CPP) benefits and division of workplace pensions, subject to specific qualifying periods.
What happens to the family home?
The family home is considered family property regardless of whose name is on the title, provided it was acquired during the relationship. Both partners have an equal right to possess it during separation.
Protecting Your Rights: Key Steps
- Document your relationship's start date with evidence like joint leases or bills
- Keep records of significant property acquired before and during the relationship
- Consider a cohabitation agreement to clarify property rights and obligations
- Consult a family lawyer early if separation occurs to understand your options
Key Considerations for BC Residents
Understanding your common law rights is crucial because:
- Time limits apply for claiming property division and support
- Rights can vary significantly from other provinces
- Certain rights must be actively claimed rather than being automatic
- Evidence of the relationship's nature and duration may be required
Legal Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Every situation is unique, and outcomes may vary. Please consult a qualified legal professional for advice specific to your circumstances.
Get Professional Legal Support
At Shergill Law Corporation, we understand the complexities of common law relationships and the Family Law Act. Our experienced family lawyers provide comprehensive guidance on property division, support claims, and protecting your rights. Contact us today for a confidential consultation to discuss your specific situation and learn how we can help safeguard your interests under BC family law.
Call us at or visit our website to schedule your consultation.
This article is general information about family law in British Columbia. It is not legal advice for your situation. Speak with a lawyer about the facts of your own matter.