Common Law Property Division in BC

British Columbia is one of the few Canadian provinces where common-law couples have the same property division rights as married spouses. Under the Family Law Act, if you've lived together in a "marriage-like relationship" for at least two continuous years, the full 50/50 property division regime applies to you.

This catches many common-law couples off guard. There's no registration requirement, no common-law declaration to file. The two-year clock runs based on cohabitation alone.

The Two-Year Threshold

Once a couple has lived together in a marriage-like relationship for two or more years, the FLA's property division rules apply in full:

• All family property is presumed to be divided equally
• Family debt is divided equally
• Excluded property rules apply (pre-relationship assets, inheritances, gifts)
• The same tracing and disclosure obligations apply as for married spouses

The phrase "marriage-like relationship" is deliberately broad. Courts look at factors like shared finances, sexual and emotional intimacy, social presentation as a couple, shared household responsibilities, and whether the couple has children together. No single factor is determinative.

What Happens Under Two Years

If the relationship lasted less than two years, the property division provisions of the FLA generally don't apply. This is a significant distinction. A couple that separates after 22 months has no statutory right to claim half of the other's property under the FLA, even if they're living together, sharing finances, and raising children.

There are exceptions:

• Couples with children. If the relationship is under two years but the couple has a child together, Part 5 (property division) of the FLA still applies. Having a child is treated as equivalent to the two-year cohabitation requirement.
• Unjust enrichment claims. Even without the FLA, a partner who contributed to the other's property (financially or through labour, homemaking, or caregiving) may have a common-law constructive trust or unjust enrichment claim. These claims are more complex and less predictable than the FLA's straightforward 50/50 framework, but they exist as a fallback.

How the Division Actually Works

For common-law couples who meet the two-year threshold, the mechanics are identical to married couples:

1. Identify all family property — everything either partner owns on the separation date
2. Identify excluded property — pre-relationship assets, inheritances, gifts (the same categories)
3. Value the family property — typically at the date of the agreement or trial, not the separation date
4. Divide equally — net family property (assets minus debts) is split 50/50

The same Section 95 unequal division provisions apply. If equal division would be significantly unfair based on the length of the relationship, contributions, or other factors, a court can adjust the split.

Common Misconceptions

"We never got married, so nothing of mine is at risk." Wrong in BC after two years of cohabitation. The FLA makes no distinction between married and common-law couples for property purposes.

"We need to register as common-law." There's no registration. The two-year cohabitation period establishes the relationship automatically.

"If we break up before two years, we're completely clear." Mostly true for property division under the FLA, but unjust enrichment claims and spousal support rights can still apply to shorter relationships.

"My partner can claim half of everything I owned before we moved in together." No. Pre-relationship property is excluded. Only the increase in value during the relationship is family property.

Proving the Start Date

For married couples, the relationship start date is easy — it's either the wedding date or the date cohabitation began, whichever is earlier. For common-law couples, establishing when the "marriage-like relationship" began is often the first point of dispute.

Courts look at objective indicators: when you started sharing a residence, when you began presenting yourselves as a couple to family and friends, when you merged finances (joint accounts, shared credit cards), and when you started making decisions as a unit (major purchases, career moves, family planning).

If the start date is disputed, the financial consequences can be significant. A one-year difference in start date changes which assets fall inside the family property pool and which are excluded as pre-relationship property. Document the cohabitation start date with lease agreements, utility bills, change-of-address records, or statutory declarations from witnesses who can confirm when the relationship began.

Limitation Periods

Common-law partners have a two-year limitation period from the date of separation to bring a property division claim under the FLA. After two years, the claim is statute-barred. This is a hard deadline — courts don't grant extensions for not knowing about it.

For married couples, the same two-year limitation runs from the date of divorce (not separation), giving them more time.

If you're approaching the two-year mark since your common-law separation and haven't resolved property issues, filing a Notice of Family Claim preserves your rights even if negotiations are ongoing.

Organizing Your Property Division

Whether you were married or common-law, the financial exercise is the same: inventory every asset and debt, classify what's excluded, trace pre-relationship values, and calculate the equalization.

Cohabitation Agreements: The Common-Law Prenup

If you're in a common-law relationship and want to protect specific assets from the FLA's automatic division, a cohabitation agreement is the tool. This is essentially a prenuptial agreement for unmarried couples. It can define which assets are excluded, how property will be divided if the relationship ends, and whether spousal support will be waived or capped.

A cohabitation agreement must be in writing and signed by both parties. While independent legal advice isn't technically mandatory, an agreement signed without it is far more vulnerable to challenge under Section 93 (the same setting-aside provisions that apply to separation agreements).

The window for a cohabitation agreement is before the two-year mark — or more precisely, before separation. Once you separate after two or more years, the FLA applies automatically and you're negotiating a separation agreement, not a cohabitation agreement.

The British Columbia Divorce Financial Split & Asset Division Guide covers the property division process for both married and common-law couples, with worksheets designed to handle the specific issues that arise in common-law separations — particularly documenting the cohabitation start date and pre-relationship asset values.

See more British Columbia guides →