Frequently asked questions about common-law relationships
Am I married if we live common-law long enough?
How is property divided when a common-law relationship ends?
Can Immigration Canada ask me for proof that my past common-law relationship is over before I can sponsor my new husband?
Yes — one of the documents they ask for is a "Declaration of severance." It is probably enough to submit a letter saying that your relationship with your former partner ended as of a certain date, and that you have not tried to reconcile (get back together). Be sure to sign the letter.
However, if you want to make completely sure that the immigration office is satisfied, you can hire a notary public to write up a Statutory Declaration for you with the same information. You then swear to the truth of the declaration in front of the notary public, who puts his or her seal on the document.
Am I married if we live common-law long enough?
No, you aren't married, but after one or two years, you have a lot of the same rights as a married couple would.
You cannot "become" married by default — you have to actively go and get married for the law to treat you and your partner exactly as it would a married couple. But when it comes to matters such as health insurance, government benefits (including retirement), and inheritance, you could be treated like married spouses. Generally, it takes two years together before this is the case, but many benefits are available after just one year of living together, or have no minimum requirements.
Similarly, if your relationship breaks up, the courts could treat you like a married couple in some ways, especially if you lived together for at least two years. However, it is a lot more complicated for unmarried partners to settle their financial issues when a relationship ends. For that reason, it is best to write up and sign an agreement before you start living together that says who will get what if you break up. (This is particularly true if you are paying toward the mortgage but your name is not on the house, or if you think you would need spousal or child support if you and your partner broke up.)
For more information, speak to a lawyer or see Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce.
How is property divided when a common-law relationship ends? Our house has both our names on the deed. If one party paid all of the down payment, then how should the house value be split?
You will probably want to seek legal advice when it comes to a question of this sort. Although we cannot give you legal advice through this website, we can point you to several legal information sites, as well as some legal advice resources that you might find useful.
Our publication Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce contains a discussion of division of property for common-law couples (see Chapter 5).
See also our fact sheet on property issues and common-law relationships.
JP Boyd's family law website contains a section about common-law relationships, with examples of property questions.
To find out where you can go for legal advice, see Who can help? for information about various services, including LawLINE and the Lawyer Referral Service.
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If your legal information question is not answered above or on our blog, the LawLINE journal, please send us an e-mail. Provide some background information for your question, including where you live in BC and the level of court involved (Provincial or Supreme), if applicable. Your question (without your name or identifying details) and its answer may be added to our FAQ pages.
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