The most dangerous sentence in Canadian family law is "we're basically married." Whether a separating common-law partner shares property depends entirely on the province: BC treats 2-year partners like spouses, Ontario gives no automatic property split however long you cohabited, and Quebec gives de facto spouses no property regime at all. Support and parenting are far more even-handed. Call 1-855-529-1555 free, any hour, to find out what your province actually gives you.
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Common-law claims run on short clocks. In BC, a property or spousal support claim must generally be brought within 2 years of separation. In Ontario, unjust-enrichment and support claims have their own limitation rules. Whatever your province — date the separation, and get the deadlines mapped before you negotiate anything.
After how many years is common-law "the same as married"?
For property: never in Ontario and Quebec, and after 2 years in BC — the question has a different answer in every province, which is exactly why the folklore is dangerous. For spousal support: commonly 2 to 3 years (or a child together). For parenting and child support: immediately — marriage is irrelevant. For inheritances, pensions, and taxes, different thresholds again. Ask the question per-right, per-province, not in general.
The house is in my partner's name but I paid for renovations. Am I entitled to anything?
Possibly — through different doors by province. In BC, if you hit the 2-year spousal threshold, the growth in the home during the relationship is presumptively shared regardless of title. In Ontario and the trust-claim provinces, your route is unjust enrichment: prove contributions (money, labour, running the household as a joint venture) that enriched the titled partner — receipts, transfers and records win these cases. In Quebec, unjust enrichment exists but the bar is real. Keep the evidence; it is the case.
Can my common-law partner take half my business?
In BC, the growth in the business during the relationship can be family property once the 2-year threshold is met — even if the business itself was pre-relationship excluded property. In Ontario and Quebec, only through a proven trust or unjust-enrichment claim tied to actual contributions. A cohabitation agreement is the clean answer for business owners in every province — cheaper than one month of the litigation it prevents.
Do I have any right to stay in the home after we separate?
Married spouses get statutory possession rights to the matrimonial home (Ontario's Part II FLA is the model); common-law partners generally do not — occupation follows title and lease, softened by family-violence protective orders and interim arrangements where children are involved. Practically: get advice before moving out of a home you co-own or heavily contributed to, and get safety orders where safety is the issue.
What happens if my common-law partner dies without a will?
In Ontario: on intestacy you inherit nothing automatically — the estate flows to blood relatives, and your remedy is a dependant's support claim with a short window. BC treats a 2-year partner as a spouse for intestacy. Quebec's intestacy gives de facto spouses nothing. Unmarried couples are the group with the least room for "we'll do wills later" — wills, beneficiary designations and powers of attorney are the whole safety net.
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