The term “common law marriage” is widely used in Canada—but it doesn’t mean the same thing everywhere, and it definitely doesn’t work the same way as in the United States.
Many couples in Canada live together for years, share expenses, raise children, and think they have the same rights as married couples. Sometimes that’s true. Sometimes it’s not.
This article explains what common law marriage means in Canada, how it works federally and provincially, what rights common law partners have, where they fall short, and why understanding the difference can save you serious legal trouble later.
What Does “Common Law” Mean in Canada?
In Canada, common law marriage is not a marriage at all.
Instead, it refers to a legal status for unmarried couples who live together in a marriage-like relationship for a certain period of time.
There is:
- ❌ No wedding
- ❌ No marriage license
- ❌ No automatic “husband and wife” status
But after meeting certain requirements, couples may gain some legal rights—depending on the law involved.
Is Common Law Marriage Legal in Canada?
Yes—but only as a legal relationship, not a marriage.
Canada recognizes common law relationships, but:
- They are not the same as marriage
- Rights vary by federal vs provincial law
- Rules differ province by province
This is one of the biggest sources of confusion.
Federal Law vs Provincial Law: Why It Matters
Under Federal Law (Canada-wide)
For federal programs, a couple is usually considered common law if they:
- Live together in a marriage-like relationship for 12 consecutive months, OR
- Have a child together (by birth or adoption)
This applies to:
- Income tax (CRA)
- Immigration and sponsorship
- CPP survivor benefits
- Federal benefits and credits
👉 After 12 months, you must declare common law status for tax purposes.
Under Provincial Law (Rights Are Different)
Provinces control:
- Property division
- Spousal support
- Inheritance laws
- Family law rights
This is where things change dramatically.
Common Law Marriage Rules by Province (Overview)
Ontario
- Common law after 3 years, or sooner if you have a child
- ✔ Spousal support possible
- ❌ No automatic property division
- ❌ No automatic inheritance
British Columbia
- Common law after 2 years
- ✔ Spousal support
- ✔ Property division similar to married couples
Alberta
- “Adult Interdependent Relationship”
- Common law after 3 years or with a child
- ✔ Some property and support rights
Quebec
- Common law partners are called “de facto spouses”
- ❌ Very limited rights
- ❌ No spousal support
- ❌ No automatic property sharing
Manitoba, Saskatchewan, Nova Scotia
- Recognize common law with varying timelines
- Partial support and property rights
👉 There is no single rule for all of Canada.
What Rights Do Common Law Partners Have?
Rights Commonly Granted
- Spousal support (in many provinces)
- Child support and custody rights
- Federal tax and benefit recognition
- Immigration sponsorship eligibility
Rights Often NOT Automatic
- Equal property division
- Inheritance without a will
- Pension splitting
- Survivor rights (province-dependent)
Many people wrongly assume common law = married. It doesn’t.
Property: The Biggest Risk Area
In many provinces:
- Property belongs to the person whose name is on it
- There is no automatic 50/50 split
- Length of relationship may not matter
If you helped pay for a home you don’t legally own, you may have no guaranteed claim unless you go to court.
Inheritance: What Happens If One Partner Dies?
If you are common law and:
- ❌ There is no will
- ❌ Your name is not on assets
Then in many provinces:
- You may inherit nothing
- Family members may take priority
👉 A will is essential for common law couples.
Children and Parenting Rights
Children are fully protected under Canadian law regardless of parents’ marital status.
Courts focus on:
- Best interests of the child
- Child support
- Parenting time and custody
Marriage status does not affect a child’s rights.
How to Protect Yourself in a Common Law Relationship
- Cohabitation Agreement
This can cover:
- Property ownership
- Debt responsibility
- What happens if you separate
- Wills and Estate Planning
Critical for inheritance protection.
- Beneficiary Designations
For pensions, RRSPs, insurance, and benefits.
- Understand Your Province’s Law
What applies in BC may not apply in Ontario or Quebec.
Common Myths About Common Law Marriage in Canada
Myth: Living together for 7 years makes you married
❌ False
Myth: Common law couples have the same rights as married couples
❌ False
Myth: Property is always split equally
❌ False
Myth: The rules are the same across Canada
❌ False
Why This Matters for Law Practices
Common law issues frequently appear in:
- Family law disputes
- Estate and probate cases
- Immigration applications
- Property and support claims
Clients often assume protections that do not exist, leading to expensive disputes and emotional stress.
Frequently Asked Questions (FAQ)
Is common law marriage the same as marriage in Canada?
No. Common law is a legal status, not a marriage.
How long before you are common law in Canada?
Usually 12 months for federal law, but provincial rules vary.
Do common law couples have property rights?
Depends on the province. Many do not.
Do common law partners inherit automatically?
Usually no—unless named in a will.
Should common law couples make legal agreements?
Yes. It’s one of the smartest steps you can take.
Final Thoughts
Common law relationships are recognized across Canada, but they are not equal to marriage. Rights depend heavily on where you live and which law applies.
Understanding this difference can protect your finances, your family, and your future.
For couples, knowledge prevents surprises. For legal professionals, clear explanations build trust and avoid conflict.