Family Law Wizard

What Are Your Rights in a Common-Law Relationship?

Find out how your rights to property, support, and status differ from marriage when an unmarried cohabiting relationship ends — and what to prepare before you see a lawyer.

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How Common-Law Rights Differ From Marriage

Living together does not automatically give you the same rights as a married couple. When an unmarried cohabiting relationship ends, property, support, and legal status are treated differently — and often less generously — than in a marriage. The biggest difference is property: married spouses in most of Canada and the US share the growth in wealth built during the relationship, but common-law partners frequently do not, unless a specific statute or a written agreement says otherwise.

Support and children follow different rules again. Spousal (or partner) support can be available to common-law partners in Canada after a qualifying cohabitation period, even where property is not divided. Child support and parenting arrangements never depend on marriage at all — both parents owe support and can seek a parenting arrangement regardless of whether they married. Understanding which of these categories applies to you is the key to knowing your rights.

Property Rules Vary Sharply by Province and State

In Canada the rules are provincial and inconsistent. British Columbia's Family Law Act treats partners who have lived together in a marriage-like relationship for at least two years as 'spouses,' so family property and debt are generally divided equally. Ontario is the opposite: common-law partners have no automatic right to divide property no matter how long they cohabited, so a partner claiming a share of an asset in the other's name must bring an unjust-enrichment or constructive-trust claim and prove they contributed to its value.

In the United States, most states abolished common-law marriage, meaning years of cohabitation usually create no marital-property or spousal-support rights. A handful of states still recognize it — for example, Texas and Colorado — where it generally requires agreeing to be married, living together, and holding yourselves out publicly as married. Where common-law marriage doesn't apply, separating partners typically rely on 'palimony' contract claims or trust principles, which makes a written cohabitation agreement especially valuable.

Protecting Yourself on Separation

Because common-law rights are so fact-driven, documentation is your strongest protection. Records of your cohabitation dates, financial contributions, and any money or labour you put into property held in your partner's name are often the difference between a successful and an unsuccessful claim. Non-financial contributions — childcare, homemaking, or supporting a partner's career or business — also count in unjust-enrichment and support claims.

A cohabitation agreement, signed with full disclosure and independent legal advice on both sides, can override the uncertain default rules and set out clearly how property and support will be handled. If your partner is moving assets or trying to force you out of the home, act quickly — a lawyer can seek orders to preserve property or protect your housing while your claim is resolved. A short consultation with a family lawyer in your province or state is the best way to understand what you are actually entitled to.

Related: Family Law Wizards · How Is Property Divided After Separation? · Should We Create a Separation Agreement? · Preparing for Your Family Law Consultation · All Legal Wizards · AI for Family Law Firms

Frequently Asked Questions

Do common-law partners split property when they separate?
It depends on where you live. Some jurisdictions — like British Columbia — treat long-term cohabitants like married spouses and divide property equally. Others — like Ontario — give common-law partners no automatic right to property division, so you must bring an unjust-enrichment or constructive-trust claim to share an asset in your partner's name. Most US states no longer recognize common-law marriage at all.
How long do you have to live together to be common-law?
There is no single answer — it varies by law and by purpose. In British Columbia, two years of marriage-like cohabitation makes you a 'spouse' for property and support. Many Canadian provinces use around three years (or less with a child) for spousal support. In the US states that still recognize common-law marriage, there is no fixed number of years; you must agree to be married and hold yourselves out as married.
Can I claim spousal support from a common-law partner?
Often yes in Canada. Most provinces allow a common-law partner to claim spousal (or partner) support after a qualifying period of cohabitation — commonly three years, or less if you have a child together — even where property is not divided. Significant financial interdependence and a resulting economic disadvantage strengthen the claim. In the US it depends on whether the state recognizes common-law marriage or any 'palimony' contract.
The house is only in my partner's name — do I have any claim?
Possibly, but it is not automatic where you live in a jurisdiction with no default division (like Ontario or most US states). You would generally need to prove an unjust enrichment or constructive/resulting trust — that you contributed money or labour that enriched your partner and that it would be unfair for them to keep the full benefit. Records of your contributions are critical.
Does common-law marriage exist in the United States?
Only in a minority of states. Most US states abolished common-law marriage, so simply living together creates no marital rights. A handful still recognize it — for example, Texas and Colorado — where it requires agreeing to be married, cohabiting, and publicly holding yourselves out as a married couple. Elsewhere, separating cohabitants rely on contract or trust claims.
Does being unmarried affect child support?
No. Child support and parenting arrangements do not depend on whether the parents were married. Both parents owe child support based on income, and either can seek a parenting arrangement based on the child's best interests. For unmarried parents this is often the clearest and strongest entitlement.

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This assessment provides general legal information only — not legal advice. The rights of unmarried and common-law partners vary significantly by province and state, and the results do not account for every factor a court would consider. Consult a qualified family lawyer in your jurisdiction before making decisions.

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