12 Things to Know About Common Law Relationships
Living together doesn’t just mean sharing a space. Sometimes, it means you’re sharing legal consequences, too. If you’re wondering when a relationship becomes “common law,” or what happens if it ends, you’re not alone. Here are 12 things every couple should know before or after moving in together.
1
When Does It Count as Common Law?
The court can consider your relationship “common law” as soon as you start living together in a marriage-like way. No time requirement, no official paperwork, just shared life, shared responsibilities, and shared expectations.
2
Do You Owe Anything After a Breakup?
Not always. Obligations after separation depend on your unique circumstances. Just because you lived together doesn’t mean you're automatically entitled to support or property.
3
What Happens to Property?
Unlike married couples, common law partners don't automatically split everything 50-50. Unless you helped buy or maintain an asset or acted as a team financially, you may have no claim at all.
Quick Example: If you helped renovate your partner’s home or contributed to joint goals, like savings or parenting, you might have a legal interest.
4
Joint Family Venture Can Strengthen Your Claim
If your relationship felt more like a partnership, with intertwined finances, shared parenting, and long-term planning, the court may consider it a “joint family venture.” That could increase your chances of a successful claim.
5
There’s No Guarantee
Best case? You might walk away with 50 percent of your partner’s property. Worst case? Nothing. Most outcomes fall somewhere in between.
6
What About Housework or Childcare?
If you freed up your partner’s time by running the home or raising kids, that contribution might matter. The court may recognize that kind of indirect support.
7
Your Claim Might Rely on a Constructive Trust
This isn’t automatic. It’s judge-made law. The idea is that your contributions created an interest in your partner’s property, but you’ll have to prove it.
8
The Court Decides Unless You Do First
If you and your ex can’t agree on who gets what, a judge decides. That’s why many couples choose to negotiate early, often using a Collaborative Process that keeps things respectful and out of court.
9
Spousal Support Isn’t Automatic Either
To qualify, you generally need to have lived together for at least three years, unless you had a child together. Then the bar is lower.
10
Kids Are a Whole Separate Issue
Child support, parenting time, and decision-making are handled the same way, whether you were married or common law. The child’s best interests always come first.
11
Proof Matters
If you're claiming an interest in property, you need to show evidence. Think receipts, emails, shared bank accounts, or any documentation of financial contribution and mutual goals.
12
A Cohabitation Agreement Can Save You Both
Before moving in together, it’s smart to talk about what would happen if things don’t work out. A cohabitation agreement can clarify who gets what and help you avoid conflict down the line.