Canada does not have common-law marriage in the sense of a status that turns into a marriage after enough years together, but it does recognize common-law relationships. Living together as a couple gives you some of the same legal treatment as married spouses, especially for federal taxes and benefits, but it does not give you all of the rights that come with a marriage certificate. The gaps depend heavily on which province you live in.
How Long You Have to Live Together
Two different clocks run at the same time. The federal government treats you as common-law after 12 continuous months of living together in a conjugal relationship, or immediately if you have a child together by birth or adoption.1Canada Revenue Agency. Marital Status That threshold governs income tax, federal benefits, pensions, and immigration.
Provincial family law usually requires longer cohabitation before its protections apply, and the number varies:
- Ontario: three years, or a relationship of some permanence with a child, for spousal support.
- Alberta: three years under the Adult Interdependent Relationships Act.
- British Columbia and Saskatchewan: two years.2BC Laws. Family Law Act
- Manitoba: three years, or immediately if the couple registers the relationship with the Vital Statistics Agency.3Province of Manitoba. Family Property
A couple can easily be common-law for tax purposes and still have no provincial family law rights. Fourteen months in, you file taxes together; in most provinces you still could not claim spousal support or a share of property if you split up.
Taxes and Federal Benefits
Once you meet the federal 12-month threshold, you have to tell the Canada Revenue Agency by the end of the month after your status changes. A change in March has to be reported by the end of April.4Canada.ca. Change Your Marital Status If you don’t report it and you keep collecting benefits calculated on your individual income, you’ll have to pay them back.
The financial effect can be significant. CRA calculates income-tested benefits using adjusted family net income once you are common-law, so both partners’ incomes are combined. The GST/HST credit is recalculated on that combined figure and often shrinks or disappears.5Canada.ca. How Much You Can Get – GST/HST Credit The Canada Child Benefit works the same way. A single parent earning $50,000 who moves in with a partner earning $100,000 will see the CCB recalculated on a family income of $150,000, which can cut monthly payments sharply.6Canada Revenue Agency. Canada Child Benefit
Some tax rules cut the other way. A higher-earning partner can claim the spousal amount tax credit when a common-law partner has little or no income.7Department of Justice Canada. Income Tax Act – Section 118 Common-law partners can transfer unused credits between them and contribute to each other’s RRSPs, just like married spouses.
Property When You Separate
This is where common-law and marriage differ most, and where provinces disagree most sharply. In most of Canada, common-law partners do not automatically split property when the relationship ends. Whoever is on title keeps the asset. If your partner’s name is on the house, they keep the house, even if you paid part of the mortgage or stayed home raising children while they built a career.
Provinces That Divide Property
British Columbia’s Family Law Act treats common-law partners of at least two years the same as married spouses for property division. Property acquired during the relationship is shared; property each person brought in stays with them.8Government of British Columbia. I Am in a Common-Law Relationship – Do We Divide Our Property or Debt Saskatchewan’s Family Property Act does the same at the two-year mark. Manitoba extends its property rules after three years, or sooner if the couple has registered the relationship.3Province of Manitoba. Family Property
Provinces Where Title Governs
Ontario, Alberta, and several other provinces have no automatic property-sharing regime for common-law couples. The remedy left to a partner who contributed without getting title is an unjust enrichment claim. The Supreme Court of Canada set out the framework in Kerr v. Baranow (2011): the claimant has to show the other partner was enriched, that they suffered a matching loss, and that no legal reason justified the enrichment.9Supreme Court of Canada. Kerr v Baranow Unpaid domestic work, funding renovations to a partner’s home, or working without pay in a family business can qualify. These claims are expensive to run and the outcome is uncertain.
Spousal Support
Most provinces allow common-law partners to seek spousal support after separation once the cohabitation threshold is met. The federal Divorce Act does not apply because it only covers legally married couples; common-law support is a matter of provincial law entirely.10Department of Justice Canada. Fact Sheet – Spousal Support
Whether you qualify depends on the length of the relationship, each partner’s financial situation, the roles you each played, and the economic impact of the separation. A partner who stepped back from work to raise children or support the other’s career has the strongest claim. The goal is to compensate for disadvantages that came out of the relationship itself.
Inheritance if There’s No Will
Common-law partners are not always covered by intestacy laws. Ontario limits the definition of “spouse” for intestate succession to legally married partners. The four Atlantic provinces take the same approach, sending the estate to legally married spouses and next-of-kin and leaving common-law partners out.11FCC. What Happens If You Don’t Have a Will – by Province
British Columbia, Manitoba, and Saskatchewan have updated their succession laws. In BC, a person who lived in a marriage-like relationship for at least two years is treated as a spouse for inheritance.2BC Laws. Family Law Act Manitoba and Saskatchewan include common-law partners under their intestate succession rules.
If you live somewhere your partner would not automatically inherit, a will naming them is the only reliable way to leave them anything.
Quebec Is Different
Quebec does not recognize common-law relationships for spousal support, property division, or inheritance under its Civil Code, no matter how long you have lived together. A partner who separates after 20 years of cohabitation has no provincial claim to support or a share of property. The Supreme Court of Canada upheld this in 2013.
Common-law couples in Quebec are still recognized federally for tax and benefit purposes after 12 months. Provincially, a cohabitation agreement is the only source of protection, which makes a written contract even more important in Quebec than elsewhere.
Children
Whether parents were ever married or common-law makes no difference to their children. Child support, custody, and parenting time are decided on the best interests of the child, and both parents owe a legal duty of financial support calculated under the Federal Child Support Guidelines.12Department of Justice Canada. Federal Child Support Guidelines
Sponsoring a Common-Law Partner for Immigration
Federal immigration uses the same 12-month rule. A Canadian citizen or permanent resident can sponsor a common-law partner for permanent residency after 12 consecutive months of cohabitation.13Government of Canada. How Can My Common-Law Partner and I Prove We Have Been Together for 12 Months Short absences for work or family don’t break the continuity, but the 12 months has to be one continuous period, not scattered stretches that add up.
Proof usually means shared-address documents: joint leases, utility bills in both names, matching driver’s licence addresses, and insurance policies. Sworn statements from family and friends can help.13Government of Canada. How Can My Common-Law Partner and I Prove We Have Been Together for 12 Months
Protecting Yourself with a Cohabitation Agreement
A cohabitation agreement is a written contract covering finances, property, and support during the relationship and after it ends. It is the strongest tool available to common-law partners, and it matters most in provinces that don’t automatically share property.
A good agreement addresses how real estate, investments, and debts will be split; whether either partner will pay or receive spousal support; and how shared expenses are handled while you live together. Partners can waive certain rights in the agreement, including spousal support, though a court can set aside terms that are grossly unfair when it comes time to enforce them.
For the agreement to hold up, both partners should fully disclose their assets and debts before signing, each should get independent legal advice from their own lawyer, and both should sign voluntarily without pressure. British Columbia’s Family Law Act requires at least one witness for agreements dealing with property or support.2BC Laws. Family Law Act Other provinces have their own formal requirements. Skip the disclosure or the independent advice and the agreement is much easier to challenge later.
How a Common-Law Relationship Ends
There’s no divorce because there was no marriage. Separation happens when at least one partner decides the relationship is over and acts on it. Both partners don’t have to agree. Living in separate rooms in the same home can count if one partner has clearly said the relationship is over and is living independently within the house.
For CRA purposes, don’t change your status to separated until you’ve been living apart for at least 90 consecutive days because of a relationship breakdown. Once you cross that threshold, the effective date of separation goes back to the day you first started living apart.14Canada Revenue Agency. GST/HST Credit Benefits like the GST/HST credit and Canada Child Benefit are then recalculated on individual income again.4Canada.ca. Change Your Marital Status
Document the separation date. It can drive benefit eligibility, the valuation date for property claims, and the starting point for limitation periods on court applications. Keep records of the day one partner moved out, any written communication about ending the relationship, and changes to shared finances like closed joint accounts or cancelled joint insurance.