What are your rights as a common-law partner in Canada?

In Canada, common-law partners have different legal rights and entitlements than married spouses, which vary depending on where you live. 

Canada leads the G7 in the share of couples living common law—nearly one in four, according to the Government of Canada.

Federally, you’re 'common law' after 12 months of living together (or sooner if you share a child), which affects your taxes, immigration sponsorship, and pension benefits. Provincially, the amount of cohabitation required before you can claim spousal benefits or split property varies across Canada.

Whether you’re buying a house or not, it’s important to know where you stand between the blurred lines of Canada’s federal and provincial definitions of common-law.

How is a common-law relationship defined in Canada?

In Canada, a common-law relationship is defined as living in a conjugal relationship with a person whom you are not married to, if at least one of the following applies: 

• You have been living together for at least 12 continuous months
• Your partner is the parent of your child, by birth or adoption
• Your partner has custody and control of your child, and your child is wholly dependent on them for support

Common law is considered a de facto relationship, meaning that it must be established on a case-by-case basis according to the facts. Canada's '12 continuous months' definition involves one nuance: a separation of less than 90 days because of a relationship breakdown doesn’t reset the clock. This contrasts to marriage, which is de jure, i.e. established by law with no waiting period. 

However, that’s just the federal definition. Each province and territory sets its own definition in its family legislation, and the required length of cohabitation differs. For example, in British Columbia, the Family Law Act considers common-law partners as spouses after two years of cohabitation. In Ontario, that stretches to three years, although it is shortened if the couple has a child together, by birth or adoption.

Provinces define common law as follows in relation to spousal support and property division in the event of a split:

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What entitlements can you claim as a common-law partner federally and provincially?

Here are federal benefits if you qualify as common law federally, available at 12 months or on having a child together:

• Tax and benefits (after 12 continuous months or on having a child together): You file taxes with your combined household income, can transfer certain credits between each other, and are assessed as a couple for the Canada Groceries and Essentials Benefit (formerly the GST/HST credit). CRA's 90-day rule applies.
• Immigration (after 12 consecutive months): You can sponsor your partner for permanent residence.
• Pension (after one year of living together): You’re eligible for CPP survivor benefits and credit splitting, and treated as a spouse for Old Age Security. CRA's 90-day rule applies.
• Child support and parenting (no relationship timeframe threshold): Identical to married couples. 

These benefits depend on a lasting relationship, which is why they come with a cohabitation requirement. Programs like pensions and immigration sponsorship carry a heavy administrative process, and a minimum period prevents frequent changes on the basis of a short-lived arrangement.

Those are the entitlements you get as a couple. What you can claim if the relationship ends is a separate question, governed by provincial family law. Before getting to that, here’s what to consider if you buy property together.

How should a common-law couple handle home ownership?

When a common-law couple buys a home together, they should decide how ownership will be structured, document each partner’s financial contributions, and consider a cohabitation agreement. These decisions can affect property rights, mortgage obligations, and what happens if a relationship ends.

One of the most important decisions is whether both partners will be listed on a property’s title. If one partner is not on the title, they may have limited legal rights to the home if a relationship ends.

Common-law couples should also keep records of financial contributions, including down payment, mortgage payments, and major home-related expenses, especially if one partner contributes more than the other.

A cohabitation agreement can provide additional protection by setting out how property, assets, and debts will be handled if the couple separates.

What happens to a mortgage if a common-law couple separates?

Who owns a property, whose names are listed on a mortgage, and whether a couple has a cohabitation agreement can affect mortgage discussions in the event of a separation.

• If both partners' names are on a mortgage, both remain legally responsible for payments, even after separating.
• If only one partner is listed on a mortgage, that individual remains legally responsible for the loan, regardless of contributions made by the other partner during a relationship.
• Property ownership and equity claims depend on provincial law and specific circumstances of a relationship.

What happens to a car if common-law partners separate?

If a common-law couple separates, a vehicle generally remains the property of the person whose name is on the registration. Even if both partners contributed financially to the car purchase, loan payments, or maintenance costs, ownership typically rests with the registered owner.

If a vehicle is jointly owned, a couple will need to decide what happens next. This could involve selling the vehicle and splitting proceeds, one partner buying out the other’s share, or another mutually agreed-upon arrangement.

Because common-law relationships do not go through the same formal property division process as divorce, it’s important to document ownership and financial contributions from the outset. A cohabitation agreement can also help clarify how vehicles, property, debts, and other assets will be handled if a relationship ends.

What can common-law partners legally claim after a split?

If a common-law relationship ends, what you can claim depends on your province and any signed partner agreements. Once you meet your province’s cohabitation definition, common-law partners who break up can claim the following:

• Spousal support. Available in all Canadian provinces except Quebec, where the Civil Code imposes no support obligation between de facto spouses. Meeting the threshold timeframe of living together qualifies you to claim support; you still have to show need or economic disadvantage from the relationship.
• Property and debt division. In B.C., Alberta, Saskatchewan, and Manitoba, property acquired during a common-law relationship is presumptively shared, as it is for married couples. Everywhere else, you retain property in your own name after a split, including any debt accumulated during the relationship.
• Inheritance without a will. B.C., Alberta, Saskatchewan, and Manitoba give qualifying partners a share on intestacy or death without a will. In Ontario and Quebec (outside a parental union), a common-law partner inherits nothing unless named in a will.

As a common-law partner, it might feel like you’re walking a tightrope when it comes to protecting your rights. But with the right information and a solid grasp of the laws, you can navigate and handle this journey with confidence.

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Frequently Asked Questions (FAQs)

Do I have to tell the CRA I'm common law?

Yes. You must report a change in marital status by the end of the month after it happens. Federal benefits like the Canada Child Benefit and the Canada Groceries and Essentials Benefit are recalculated on combined household income. Failing to report in a timely manner can create overpayments you’ll have to repay.

What is a registered domestic partnership, and should we get one?

Manitoba and Nova Scotia let unmarried couples register their relationship with Vital Statistics. Registration skips the waiting period and, in Nova Scotia, is the only way an unmarried couple gets similar property-division rights as married spouses. The partnership can be ended only by registering a dissolution after living apart for a set period.

Can a cohabitation agreement override provincial law?

For property, largely yes: it’s the main tool for opting in or out of your province’s default rules. For spousal support, less so; courts can set aside a waiver that leaves one partner in an unconscionable position or dependent on public assistance. Parenting terms can’t be locked in at all; a court will always apply the child’s best interests at the time of a dispute.

Does common law exist in Quebec?

Quebec uses the term 'de facto spouses' and gives them no rights to support or property regardless of how long they live together. The exception is the parental union regime for de facto spouses who have or adopt a child together on or after June 30, 2025, which shares the value of family residences, furniture, and vehicles on separation. Couples whose children were born earlier can opt in by agreement.

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