Common-law couples in Canada: property, support and inheritance rights by province

Common-law partners in Canada have far fewer automatic rights than married spouses, and the gap depends on the province. In Ontario, an unmarried partner gets no equalization of property and nothing under the intestacy rules, though they can claim support after three years together (or a relationship of some permanence with a child) and can claim support from the estate as a dependant. British Columbia treats partners who lived in a marriage-like relationship for two years as spouses for both property division and intestacy. Alberta gives adult interdependent partners property, support and inheritance rights. In Quebec, de facto spouses have no spousal support and, outside the new regime, do not inherit without a will; since 30 June 2025 the parental union regime shares family residences, furniture and vehicles between de facto parents of a child born on or after that date and makes the survivor an heir (one third alongside children). A will and a cohabitation agreement close most gaps.

Part of the overview of mistakes and official sources. General information, not legal advice.

Rights compared

Ontario: the biggest gap

On separation. There is no equalization. A partner who helped pay for a house in the other's name must prove a trust claim, usually unjust enrichment. In Kerr v. Baranow (2011), the Supreme Court of Canada recognised a "joint family venture" approach that can give a share of wealth accumulated together, but it requires litigation.

On death. The intestacy rules give a common-law partner nothing: the estate goes to the children, or to parents and siblings. The partner can apply for dependant's support within six months, and receives any joint property and designated plans.

Illustrative example. Chloé and Marc lived together in Toronto for 15 years in a house in Marc's name worth $900,000. Marc dies without a will; he has two adult children from a former marriage. The house goes to the children under the intestacy rules. Chloé can claim support as a dependant and perhaps an unjust enrichment interest in the house, but both mean court applications. A will or joint title would have avoided this.

British Columbia: spouses after two years

Partners in a marriage-like relationship for at least two years are spouses under both the Family Law Act and WESA. They divide family property equally on separation, inherit under intestacy and can bring wills variation claims. If someone dies leaving both a separated married spouse who is still a spouse and a new partner who qualifies, they may share the spousal entitlement. Partners for less than two years with a child have support rights but not property division.

Alberta: adult interdependent partners

An adult interdependent partner (AIP) is someone who has lived in a relationship of interdependence for at least three years, or of some permanence with a child, or who signed an adult interdependent partner agreement. AIPs are covered by the Family Property Act on separation and are treated like spouses under the Wills and Succession Act and for family maintenance claims.

Quebec: de facto spouses and the parental union

No spousal support, and no inheritance outside the parental union. De facto spouses (conjoints de fait) are not covered by the family patrimony and have no spousal support obligation, however long they lived together (support is owed only between married or civil union spouses and between parents and children, art. 585). The Supreme Court of Canada upheld this distinction in Quebec (Attorney General) v. A, 2013 SCC 5. Unless they are in a parental union, they also do not inherit under the Civil Code's intestacy rules.

The parental union regime (from 30 June 2025). De facto spouses who live together, present themselves publicly as a couple and have a common child born on or after 30 June 2025 are automatically in a parental union. They have a parental union patrimony of the family residences, furniture and vehicles used for family travel, generally divided equally when the union ends, and protections for the family residence similar to those of married spouses. Couples whose children were all born before that date can opt in by notarial act or a written contract signed before two witnesses. Couples can change the patrimony's composition or opt out by notarial act. If a parental union spouse dies without a will, the survivor inherits like a married spouse, one third alongside the children (art. 653; Éducaloi), and when the union ends a spouse can ask the court for a compensatory allowance for contributions that enriched the other (arts. 521.43 ff.). There is still no spousal support between them.

Without a child, Quebec de facto spouses still need a will, a cohabitation contract and designations to protect each other.

What unmarried couples should do

1. Make wills naming each other, especially in Ontario and Quebec.
2. Hold the home jointly if that is the intention, or document contributions.
3. Name each other as beneficiary or TFSA successor holder where appropriate (TFSA successor holders can be common-law partners as defined in the Income Tax Act).
4. Sign powers of attorney or a Quebec protection mandate naming each other; otherwise a parent or adult child may have priority.
5. Sign a cohabitation agreement covering property, support and what happens on death, with independent legal advice.
6. Revisit everything when a child is born, the relationship reaches two or three years, or you move provinces.

FAQ

Are we common-law for tax purposes after one year?

For the Income Tax Act, you are generally common-law partners after living together in a conjugal relationship for 12 continuous months, or sooner if you share a child. That definition is separate from provincial family and estate law.

If we marry later, do the years together count?

Married status starts at the marriage. In Ontario, equalization counts from the marriage date; the years before are relevant for support.

Can a cohabitation agreement cover inheritance?

It can set out promises, but a will is still needed to carry them out. Breach of the promise may be a claim against the estate.

Sources

• Ontario e-Laws — Family Law Act s. 29; Succession Law Reform Act Parts II and V
• BC Laws — Family Law Act s. 3; Wills, Estates and Succession Act s. 2
• Government of Alberta — adult interdependent relationships
• Gouvernement du Québec — parental union: conditions and patrimony
• Éducaloi — rights of de facto spouses and the parental union
• Canada Revenue Agency — common-law partner definition for tax