When two people live together in a conjugal relationship and are not married, they may be considered to be living in a common-law relationship. A conjugal partner is someone with whom you have more than just a sexual or physical relationship.

Once a common-law relationship is determined to exist, a number of rights and obligations arise under:

• Family law
• Tax law
• Immigration sponsorship
• Social assistance and disability benefits
• The Canada Pension Plan and Old Age Security
• Employee benefit plans
• Workers’ compensation benefits
• Inheritance laws

For information and help about how living with someone can affect your legal rights, ask a lawyer now.

Both federal, and provincial and territorial laws define the requirements for a common-law relationship to exist for the purposes of these rights and obligations. Also, under various legislation, common-law relationships can be referred to by other names. For example, in Alberta, the law refers to “adult independent relationships”; and in Nova Scotia, they are known as “domestic partnerships”.

Criteria considered in determining if a common-law relationship exists

In all cases, when deciding if a common-law relationship exists for legal purposes, two factors are always considered:

1. How long the couple has been living together; and
2. If they have children together.

In addition, other considerations that the Court may use to determine if a couple is in a common-law relationship include:

• Sexual and personal behaviour: Are they living in a conjugal relationship?
• Children: Do they act as parent to the other partner’s children?
• Services: Does each partner help each other the way a traditional family would?
• Social: Do the partners portray themselves as a couple?
• Societal: How does the community view their relationship?
• Economic Support: Does one partner support the other financially, or are household expenses combined?

The rules affecting common-law relationships depend on the province where you live.

Get  help

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

For information and help about how living with someone can affect your legal rights, ask a lawyer now.

								
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