Common Law Rights BC — What Unmarried Partners Need to Know. In British Columbia, common law partners who have lived together in a marriage-like relationship for at least two years are treated as spouses under the Family Law Act for spousal support purposes. Entitlement to spousal support arises automatically at the two-year threshold. Property division rights for common law partners are not automatic in the same way as for married spouses. Common law partners can claim a share of property based on unjust enrichment and constructive trust principles, but must establish a legal basis for the claim. This makes the legal position of common law partners significantly different from married spouses at separation. A cohabitation agreement can protect both partners by setting out agreed property rights and obligations before the two-year threshold is reached or at any point during the relationship. Common law partners who are parents share the same parenting rights and obligations as married parents under the Family Law Act. Child support obligations are the same regardless of the parents' marital status. Andrew Liggett advises BC common law couples on their rights and how to protect themselves through proper agreements. Serving all of BC since 1991. Independent legal advice from a BC family lawyer is strongly recommended for common law couples at any stage — whether entering a relationship, purchasing property together, or separating. A cohabitation agreement can provide critical protection for both partners. Sea to Sky Law advises common law couples across all of British Columbia. Sea to Sky Law has served British Columbia families and businesses since 1991. Our approach combines practical legal advice with compassionate understanding of the human situations behind every legal matter. We serve all of BC by phone and secure video. Independent legal advice is always strongly recommended before making decisions that affect your family, your estate, or your business.