In family law, there are two kinds of relationships which create legal rights and obligations between spouses, married relationships and common law relationships. In order for such rights and obligations to arise between common law spouses, the spouses must have been cohabitating continuously for a period of three years, or the spouses will be considered to be in a common law relationship if they are in a relationship of some permanence as the natural or adoptive parents of a child.
Married spouses and common laws spouses have the same rights and obligations with respect to financial support if the relationship breaks down. However, that is not the case with respect to property, such as the house that they may be living in. Under The Family Law Act, only married spouses may apply to the court for an equal division of the property they may own, such as the matrimonial home. The intention of the Act is that the value of all assets acquired by either or both spouses by virtue of the marriage relationship be shared equally upon marriage breakdown. The Act does not address this issue as between common law spouses.
This does not mean that the common law spouses have no rights or obligations with respect to property once their relationship breaks down. The courts have utilized general law doctrines called equitable doctrines, or fairness doctrines, to try to achieve a just result between common law spouses. For example, if the male spouse owns farm land where they live but both common laws spouses partake in the farm chores to maintain the farm business and operation, a court may apply equitable doctrines to give the female spouse some percentage of the farm based on her working contribution once the relationship breaks down. As well, if she made a financial contribution to the farm, that may also be taken into account. Common law spouse may wish to consider entering into a domestic contract to clarify their relationship with respect to property.