What You Need to Know About Cohabitation Agreements and Common-Law Spouse Rights in BC
In British Columbia, more couples are choosing to live together without getting married. These relationships may feel informal, but when they end, the legal consequences can feel very formal - and very real. Whether you’re living together in a condo in Vancouver or raising a family without ever tying the knot, BC law can treat your relationship similarly to a marriage, especially when it comes to dividing property or determining spousal support.
That’s why cohabitation agreements are becoming an essential planning tool for common-law spouses. These legal contracts can offer clarity, protection, and peace of mind by setting expectations in advance. In this article, we’ll explain how cohabitation agreements work in BC, what your rights are as a common-law spouse, and why proactive planning can help you avoid conflict down the road.
What defines a common-law spouse in British Columbia?
You don’t need to walk down the aisle to be considered a “spouse” in the eyes of the law. Under BC’s Family Law Act, you are considered a spouse if you’ve lived with someone in a marriage-like relationship for at least two years, or for any duration if you have a child together.
This matters because, once you’re deemed a spouse under the Act, you could have legal entitlements - just like a married couple. That includes rights to family property and possibly spousal support. Many people find this out the hard way, only after a relationship ends and legal disputes begin.
Why cohabitation agreements matter
A cohabitation agreement is a legal document signed by two people who live together but aren’t married. It sets out what will happen if the relationship ends, including how you’ll divide property, who’s responsible for debts, and whether spousal support will be paid.
While some couples feel uneasy discussing these topics, a well-drafted agreement isn’t a sign of distrust - it’s a sign of maturity. Just like an insurance policy, it’s something you hope you never need, but you’ll be thankful to have if the unexpected happens.
Here are a few common reasons people in BC choose to create a cohabitation agreement:
- One partner owns significantly more assets heading into the relationship
- There are children from a previous relationship and inheritance concerns
- Each person wants clarity around financial responsibilities
- The couple wants to avoid unnecessary legal costs or disputes in the future
A cohabitation agreement can be tailored to your situation. It can confirm that each person keeps the property they brought into the relationship, lay out how debts will be managed, or waive spousal support altogether - provided that’s fair and properly documented.
Understanding property rights for common-law couples
In BC, property division for common-law spouses follows many of the same rules that apply to married couples. That means most assets acquired during the relationship are considered “family property” and are subject to equal division if the relationship ends.
This includes:
- Real estate purchased while together
- RRSPs, pensions, or other savings
- Business interests
- The increase in value of excluded property (such as a home one partner owned before cohabiting)
Assets that you owned before living together are generally considered excluded property, along with gifts and inheritances. However, the increase in their value during the relationship can still be shared—something that often surprises people. For example, if one partner owned a house in Vancouver before moving in together, the house remains theirs, but the increase in its value during the relationship may be divisible.
The catch? You need solid documentation to support what’s excluded and its value at the start of the relationship. That’s where cohabitation agreements and financial records play a crucial role.
What about spousal support?
Spousal support isn’t automatic, but it is a legal possibility if you qualify as a spouse. Support may be awarded based on need, compensation for sacrifices made during the relationship, or an agreement between the parties.
Courts in BC often look to the Spousal Support Advisory Guidelines (SSAGs) to help calculate how much support might be owed and for how long. These guidelines consider factors like:
- The length of the relationship
- The income and earning capacity of each person
- Whether one partner stayed home to raise children
- The roles played by each spouse during the relationship
That said, if a couple agrees in advance to waive or limit spousal support—and that agreement is fair and properly drafted—courts are often willing to honour it. Again, this highlights the value of having a written agreement in place.
Limitation periods: Why timing matters after separation
Common-law spouses in BC have a limited window to assert their rights after a breakup. Under the Family Law Act, you must start a legal claim for property division or spousal support within two years of your date of separation. If you miss that deadline, you could lose the right to make a claim.
This makes it critical to understand when your relationship legally ends and to speak with a family lawyer promptly if you believe a claim may be necessary.
What makes a cohabitation agreement valid?
For a cohabitation agreement to be enforceable in BC, certain conditions should be met:
- It must be in writing, signed by both partners
- Each person must provide full financial disclosure
- Both parties should get independent legal advice
- The agreement must be entered into voluntarily, without pressure or coercion
Skipping any of these steps can make the agreement vulnerable to challenge. For instance, if one person wasn’t fully informed of their partner’s finances - or didn’t understand what they were signing - a court could set the agreement aside.
Should the agreement be updated?
Life isn’t static, and your agreement shouldn’t be either. If you have a child, buy a home together, or experience a significant change in income, it’s a good idea to review and update your cohabitation agreement.
This can be done by creating an amendment or drafting a new agreement altogether. As with the original, full disclosure and independent legal advice are strongly recommended to keep it enforceable.
Protect your future with a cohabitation agreement
Living together without being married doesn’t mean leaving your future to chance. Common-law couples in BC often face the same legal responsibilities as married spouses, but without the same level of planning or awareness.
A thoughtfully crafted cohabitation agreement gives both partners the opportunity to clarify expectations, avoid surprises, and protect what matters most—whether that’s property, children, or peace of mind.
If you're in a common-law relationship or considering moving in with your partner, now is the time to get informed. A Vancouver family lawyer at Mills Family Law can help you draft an agreement that’s fair, transparent, and tailored to your situation.
Seek Legal Assistance
Have questions about your rights as a common-law spouse or ready to put a cohabitation agreement in place?
Contact Mills Family Law today to schedule a consultation with a Vancouver family lawyer who can guide you through the process.
