Understanding Common Law Relationships
Myths, Facts, and Your Legal Rights
There are a lot of misconceptions about common law relationships. Some people think living together is just like being married. Others believe it’s a way to commit without sharing property or finances. The truth? The law around common-law relationships is complicated and definitely not black and white.
What Is a Common Law Relationship?
In simple terms, a common law couple is two people living together in a marriage-like relationship. That usually means sharing a home, finances, responsibilities and presenting yourselves to others as a committed couple. But it’s not always that simple.
Can You Be Common Law with Separate Homes?
Yes, in some cases. For example, there was a case where a couple had a child together but kept separate homes. They spent 4–5 nights a week together, shared finances, helped each other with chores, and socialized as a couple. On paper, it might have looked like dating, but the court saw it differently.
Because they behaved and presented themselves publicly as a committed couple, the judge ruled they were in a common law relationship, even though they didn’t technically live under one roof.
When there’s uncertainty, the courts look at the full picture to decide if a relationship is “marriage-like.”
When Do You Get Legal Rights as a Common Law Partner?
Spousal Support
You may be entitled to spousal support only if:
- You’ve lived together for at least three years, or
- You have a child together
Property Rights
Property laws work differently. There’s no set timeline. You may have a claim if:
- You contributed financially to your partner’s property, or
- You worked together in a joint family venture
But unlike married couples, you don’t automatically get 50%. What you’re entitled to depends entirely on your individual case.
The Biggest Myth: “We’re Basically Married”
One of the most common misunderstandings is the idea that common-law couples become married automatically over time.
This is false.
No matter how long you live together, you are not legally married unless you’ve had a formal wedding, religious or civil. That means you don’t have the same rights or protections as married couples.
Too often, people only learn this after they separate, when it’s too late to protect what they assumed was theirs.
Protect Yourself: Get the Facts, Not the Myths
If you're currently in, or exiting, a common law relationship, it’s critical to understand what the law actually says.
Our family lawyers can help you:
Don’t rely on assumptions.
Get legal advice from someone who knows.
Ready to speak to someone? Reach out today, we’re here to help you navigate the complexities of common-law relationships with clarity and confidence.