Common-law relationships are recognized across Canada, but the rules differ significantly from marriage — and from province to province. Understanding your financial rights and obligations as a common-law partner can prevent costly surprises.
For federal tax purposes, you are in a common-law relationship after living with your partner in a conjugal relationship for 12 continuous months, or immediately if you have a child together. This definition is used by the CRA for tax credits and benefits.
Provincial definitions differ. Some provinces require two years of cohabitation; others have different thresholds for different types of legal rights. Always check your province's specific rules.
Once recognized as common-law by the CRA, you access the same federal tax benefits as married couples:
This is where common-law relationships diverge sharply from marriage. In most provinces, common-law partners do not have the same automatic property rights as married spouses.
In most provinces (Ontario, Alberta, BC, and others): Common-law partners do not have automatic rights to the family home or to an equal share of property accumulated during the relationship. If the home is in one partner's name, the other may have no automatic legal claim to it upon separation.
Exception — Manitoba and Nova Scotia: These provinces extend more marriage-like property rights to common-law couples meeting the cohabitation threshold.
Quebec: Common-law partners (conjoints de fait) have very limited property rights under the Civil Code. There is no automatic right to the family home or to an equal share of assets. This makes cohabitation agreements especially important in Quebec.
A cohabitation agreement (sometimes called a domestic contract) is a legally binding document that sets out how assets and debts will be divided if the relationship ends. It can cover:
Without an agreement, separation can become expensive and contentious. Courts in most provinces will look at unjust enrichment and constructive trust arguments, but these claims are costly to pursue. A cohabitation agreement costs a few hundred to a few thousand dollars — far less than litigation.
Common-law partners are not protected the same way as married spouses under provincial intestacy laws in most provinces. If you die without a will, your common-law partner may receive nothing — your estate would pass to children, parents, or siblings instead.
Creating a will is essential for common-law couples. Also update beneficiary designations on RRSPs, TFSAs, life insurance, and pensions. Unlike marriage, becoming common-law does not automatically revoke a prior will, but it also doesn't automatically grant your partner any inheritance rights.
In most provinces, common-law spouses who have lived together long enough (often two or more years) can claim spousal support after separation, similar to married couples. The Divorce Act does not apply to common-law couples — provincial family law governs support claims. The threshold and rules vary.
Common-law partners are eligible for CPP survivor benefits if they were living together at the time of death. You must have lived together for at least one year continuously. This is the same entitlement as married spouses.
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