Common-Law Separation Rights by Province in Canada

Common-law partners in Canada do not need a divorce, but their rights when they separate depend almost entirely on which province or territory they live in. Rights involving children are essentially the same as for married parents everywhere. Spousal support is available in most provinces once a couple meets the local definition of spouse. Property is where provinces differ most: British Columbia, Alberta, Saskatchewan and Manitoba treat qualifying common-law partners much like married spouses, while Ontario and most of Atlantic Canada give them no automatic share of property at all. Quebec added new rights for some couples with children in June 2025.

This article is part of the guide to family law in Canada.

The short version

• There is no single Canadian definition of common-law. Each law sets its own test.
• Children's rights do not depend on whether parents were married.
• Spousal support is available to qualifying common-law partners in most provinces, but not Quebec.
• Property rights range from full equal division to none at all, depending on the province.
• Deadlines for common-law property claims can be as short as two years from separation.
• A cohabitation agreement is the best way to set out rights in advance.

What Counts as Common-Law?

There is no single definition. Different laws use different tests:

• Federal tax and benefits: the Canada Revenue Agency generally treats people as common-law partners after living together in a conjugal relationship for 12 continuous months, or sooner if they have a child together.
• Canada Pension Plan credit split: at least one year of living together.
• Provincial family law: each province sets its own period, usually two or three years, often shorter if the couple has a child.

So a couple can be common-law for tax purposes but not yet "spouses" under their province's family law.

Rights That Apply Everywhere: Children

Whether parents were married, common-law or never lived together:

• both parents must pay child support under the guidelines
• parenting arrangements are decided on the best interests of the child
• either parent can apply to court for parenting orders and child support

See child support in Canada and parenting time and decision-making.

Property Rights by Province

Claims in provinces without automatic division

In Ontario, most Atlantic provinces and other places without statutory rights, a common-law partner can still claim a share of property in the other's name based on:

• Unjust enrichment: one partner was enriched by the other's contributions without a good reason, such as unpaid work on a home or business.
• Joint family venture: the Supreme Court of Canada recognized in Kerr v. Baranow that where partners worked together toward common goals, the claimant may be entitled to a share of the wealth built up.
• Ownership and trusts: a partner who contributed money toward a property may have a beneficial interest even if not on title.

These claims depend on evidence and are usually more complex and expensive than statutory property division.

Quebec's parental union regime

Until June 30, 2025, Quebec's Civil Code gave de facto spouses essentially no property or support rights on separation. Since then, the parental union regime automatically applies to de facto spouses who become parents of a child born or adopted on or after June 30, 2025. It creates a parental union patrimony, which is divided equally on separation and can include the family residence, household furniture and family vehicles. Couples can opt out of the patrimony through a notarized agreement, and couples whose children were all born before that date can opt in. The regime does not create spousal support between de facto spouses.

Spousal Support by Province

Once entitled, the amount and duration are usually estimated using the Spousal Support Advisory Guidelines. See spousal support in Canada.

The Home

In provinces without automatic property rights, the partner whose name is on title or the lease generally has the legal right to the home, and the other partner has no automatic right to stay. In Ontario, the special matrimonial home protections in the Family Law Act apply only to married spouses. Where there is family violence, emergency or protection orders can still restrict contact or require someone to leave, regardless of ownership.

Pensions and CPP

• CPP credit split: common-law partners who lived together for at least one year can apply to Service Canada to split CPP credits earned during the relationship, but must generally apply within four years of separating.
• Workplace pensions: whether a common-law partner can share in a workplace pension depends on provincial pension law and, in provinces without property rights, on any claim they can make.

Deadlines

• British Columbia: unmarried spouses must start property claims within two years of separation.
• Alberta: adult interdependent partners must start property claims within two years of the relationship ending.
• CPP credit split: within four years of separation for common-law partners.
• Equitable claims in other provinces are subject to provincial limitation periods.

Missing a deadline can mean losing a claim. See separation in Canada: what to do first.

Inheritance If a Partner Dies

Intestate inheritance rights, which apply when someone dies without a will, also vary. In some provinces, such as British Columbia, a qualifying common-law spouse can inherit like a married spouse. In others, such as Ontario and Nova Scotia, an unregistered common-law partner does not inherit automatically, although they may be able to claim support from the estate as a dependant. A will is especially important for common-law couples.

Protecting Yourself: Cohabitation Agreements

A cohabitation agreement is a contract between partners setting out how property, debts and support will be handled if they separate. It can:

• confirm who owns what and how property will be divided
• deal with the home, pensions and businesses
• address spousal support, within limits

It cannot decide child support or parenting arrangements in advance in a way that binds a court. To hold up, it should be in writing, signed and witnessed, based on full financial disclosure, and each partner should have independent legal advice. If the couple later marries, many cohabitation agreements become marriage contracts automatically, depending on provincial law.

Frequently Asked Questions

Do common-law partners need a divorce?

No. A common-law relationship ends on separation. Formal steps may still be needed to resolve children, support and property, and a separation agreement is often useful.

How long do you have to live together to be common-law in Ontario?

For spousal support under Ontario's Family Law Act, three years of continuous cohabitation, or a relationship of some permanence where the partners are the parents of a child. Ontario's family law does not give common-law partners automatic property division at any point.

Can a common-law partner get half the house?

In BC, Alberta, Saskatchewan and Manitoba, a qualifying common-law partner can generally share in the home like a married spouse. In Ontario and most Atlantic provinces, a partner not on title must prove a claim such as unjust enrichment or a joint family venture.

Does registering a relationship help?

In Manitoba, registering a common-law relationship with Vital Statistics brings property rights immediately. In Nova Scotia, registering a domestic partnership gives rights similar to marriage. Other provinces do not offer registration.

Separating from a common-law partner? Search LawyerDirectoryCanada.ca for family lawyers by province and city.

Sources

• Dividing property and debts after you separate, Legal Aid BC
• Common-law partners and property, Manitoba Family Law
• Common law relationships and registered domestic partnerships, Nova Scotia Family Law
• Parental union: new rights for common-law couples with children, Éducaloi
• Bill 56: family law reform and parental union regime, RSS Lex
• Family Law Act (Ontario), e-Laws
• CPP credits after a common-law separation, Steps to Justice
• Common-law property division in Canada, Pax Law
• Common-law couples as good as married come January 2020, DBB Law