CanadaDo common-law partners have the same property rights as married couples?
No, common-law partners in Canada generally do not have the same automatic property rights as married couples — rights depend on provincial law, and most provinces exclude them from equal division of family property upon separation.
What the Law Says
Property rights for common-law partners are not governed by federal law but by provincial statutes — and most provinces deliberately exclude them from the automatic property division rules that apply to married couples.
In most Canadian provinces (e.g., Ontario, British Columbia, Alberta), marriage triggers statutory rights to equalize or divide family property upon separation or divorce. Common-law relationships — no matter how long — do not trigger these rights unless partners sign a domestic contract or meet narrow exceptions (e.g., unjust enrichment claims).
Quebec is unique: its Civil Code explicitly excludes de facto spouses from the family patrimony regime and spousal support provisions that apply to married couples. This exclusion was challenged under the Charter but upheld by the Supreme Court.
No province grants common-law partners automatic entitlement to half the family home, pensions, or other assets acquired during cohabitation — unlike married spouses under legislation such as Ontario’s Family Law Act or BC’s Family Law Act.
What Courts Have Said
The Supreme Court of Canada confirmed that provinces may constitutionally treat common-law and married couples differently regarding property and support rights — even where the relationship is long-standing and functionally similar to marriage.
The Court held 5–4 that Quebec’s exclusion of common-law spouses from family patrimony and spousal support does not violate s. 15(1) of the Charter, or that any violation is justified under s. 1 — recognizing the province’s legislative choice to link certain rights exclusively to civil marriage.
What to Do
Review your province’s family law statute to confirm whether common-law partners have any limited property rights (e.g., BC allows claims for ‘unjust enrichment’ after 2+ years).
Consider signing a cohabitation agreement before moving in together — it’s legally enforceable and can define property ownership and division.
Document financial contributions to shared assets (e.g., mortgage payments, renovations) — this may support a claim for constructive trust or unjust enrichment later.
Seek legal advice early if separating — common-law claims are fact-specific and time-sensitive (e.g., BC limits unjust enrichment claims to 2 years after separation).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.