Common-Law Partnerships
A common-law partnership means two people who live together in an intimate relationship but are not legally married to each other. Usually, you must live with your partner for a certain amount of time before you are considered common-law.
Living common-law is not the same as being married. You will never be considered legally married to your partner until you go through a legal marriage ceremony. Being legally married comes with certain rights and responsibilities that do not exist for common-law couples. Other rights and responsibilities do apply to common-law couples, though.
Two people who live together are not always considered a common-law couple. Usually, you must:
- Live together as a couple, and
- Live together for a certain amount of time.
Living together as a couple can include things like sharing finances and household tasks, and openly saying you are in a relationship.
There is no set amount of time you need to live together before you are considered “common-law”. The amount of time you must live together can change based on your circumstances and what specific law you are dealing with.
- Under the New Brunswick Family Law Act, you can apply for spousal support from your common-law partner if you lived together for at least three years, or if you lived together for one year and had a child together.
- Most employers and insurance benefits have their own rules for what they consider a common-law couple, so check with your employer or insurance provider to see when you can add your common-law partner to these policies.
- Many social benefits programs decide whether you qualify based on your household income. In cases like this, the income of any adult in the home counts, no matter how long you lived together or whether you are living as a couple.
- For taxes and Federal programs like the Canada Pension, often you must have lived together for at least 12 consecutive months.
- There is never a time when common-law partners are automatically entitled to a share of each others’ property. Property division can be complicated when separating from a common-law partner. You can read more below in the section titled “Property.”
It is always a good idea to check the rules for the specific service, benefit, or policy to be sure.
If you and your common-law partner have children, your children will have the same legal status and rights as the children of a married couple. There is no difference legally between the children of married or unmarried couples.
All parents, married or not, also have the same obligations to their children. Both parents must financially support their children. To read more, see our information about child support.
To end your common-law relationship, usually you just need to stop living together. You don’t need to file for divorce or register any paperwork with a court or government agency.
You may continue to have some legal obligations that came out of your common-law relationship. For example, if you had children or if one of you was financially dependent on the other.
If you have a cohabitation agreement, you may already have decided what will happen when you separate.
Since the Marital Property Act does not apply to the property of common-law couples, you may want to create a Separation Agreement to settle your rights and obligations to each other. The separation agreement can include things like spousal support and the how to divide property. It can also include parenting arrangements and child support.
See our section on Domestic Contracts for more information on separation and cohabitation agreements.
Generally, any property that you bring into a common-law relationship is your own. The same is true for property you buy while in a common-law relationship. Common-law couples do not have the same rights to an equal division of property that married couples have under the Marital Property Act. The person who paid for the item or whose name is on the deed may be the only one entitled to it when you separate from a common-law partner.
You may be entitled to some of the value of any property that was purchased, maintained, or developed with your time, money, or labour. Courts recognize that homemaking and childcare are important contributions to a household, for example. If you and your partner cannot agree on the value of your contribution, then you may have to apply to court for an order. Courts can consider your contribution under common law rules like constructive trust and unjust enrichment. You may want to get advice from a lawyer to see if these rules might apply to you.
If you and your common-law partner bought something together, such as furniture or a car, you both own it. You must decide how to divide the property when you separate. You can agree, for example, to:
- each keep different items, or
- sell the property and split the proceeds.
A mediator may be able to help you reach an agreement if you cannot agree on your own. You may have to go to court and have a judge decide for you if you cannot agree.
One way to avoid disagreements about property ownership if you separate is to prepare a cohabitation agreement. You can create a cohabitation agreement either before moving in together, or while you are living together. You can read about these here.
Pensions
You may be able to negotiate a share of your common-law partner’s pension credits if you separate. You can contact the pension provider for information on their policy.
The Canada Pension Plan (CPP) allows you to equally divide the pension contributions you and your common-law partner made during the relationship. You must have lived together at least 12 consecutive months. You can find more information about credit splitting and the forms you will need on their website.
In New Brunswick, the Pension Benefits Act says that if you separate from your common-law partner, you may be entitled to a share of their pension credits. You must have lived together for two uninterrupted years.
Many pension plans also offer survivor benefits if your common-law partner dies. You can find some information below under the section titled “When a Common-Law Partner Dies.”
Debts
Unlike a married couple, you and your common-law partner are usually not responsible each others’ debts.
However, you may need to figure out a way to divide your debts if you have co-signed for them or if you have signed a contract agreeing to pay for them. In some cases, the court may order you to help pay for these debts depending on your specific situation.
The New Brunswick Family Law Act says that you might be entitled to spousal support from your common-law partner if:
- you depended on your partner financially,
and
- you lived together for at least three years, or
- you lived together for at least one year and had a child
The amount of spousal support you receive depends on your needs and how much your partner is able to pay.
See our page on spousal support for more information.
Common-law partners can claim the same tax credits as married couples. For tax purposes, you are considered a common-law couple if:
- you have lived together at least 12 continuous months, or
- you live together and have a child together.
For social benefits, you are usually considered a single household unit as soon as a partner moves in with you. This may affect things like how much social assistance your household is eligible for.
You are not automatically entitled to inherit your common-law partner’s property when they die with no will. Unlike married couples, common-law partners are not assumed to inherit each other’s property according to the New Brunswick Devolution of Estates Act. To read more, see our information on dying without a will.
Your partner may leave you something in their will, though. As long as the will is valid and your partner had the capacity to make a will, you can receive property that has been left to you. You should specifically name your common-law partner in your will if you want them to inherit your property.
If you were dependent on your common-law partner and they die without a will, you may be able to apply to the court under the Provision for Dependants Act to as for support from their estate. You must apply within four months of your partner’s death.
Pension Survivor Benefits
Many pension plans entitle a common-law partner to survivor benefits. You can contact the pension provider for information about whether you can access benefits through your partner’s pension.
For you to be entitled to benefits under the Canada Pension Plan (CPP), your partner must:
- have been living with you for at least a year before their death and
- have made enough contributions to the plan.
You must apply within a year after your partner’s death. You can find out more Find out more about CPP survivor benefits on the Government of Canada website.
The New Brunswick Pension Benefits Act says that common-law partners are entitled to survivor pension benefits through pension plans provided to employees in the province. You can contact your partner’s pension provider for more information.