Last reviewed in March 2023 by the Clicklaw Editors.

In general, the law treats common-law relationships very similarly to marriage relationships. However, there are some key differences, especially when it comes to limitation periods, the deadlines for making certain legal claims. Also, although being in a common-law relationship means that you and your partner qualify as spouses under many laws, “spouse” is defined differently by different laws. This difference may affect your rights and eligibility for certain benefits.

Good starting points include:

• When Your Common-Law Spouse Dies, from People's Law School, covers issues such as pension and survivor benefits, your rights and the rights of any children from the relationship, as well as custody and guardianship of the children.
• Common-law Couples, from the Legal Aid BC, has a section called "What happens if your common-law partner dies?". It provides an overview of issues such as bank accounts, inheritance rights, and pension benefits.

Need more help?

• Lawyer Referral Service, from Access Pro Bono, can help you find a suitable legal professional to resolve your legal problem.
• Find more help near you on Clicklaw HelpMap.

See our related common questions:

• What legal issues do I need to address when a family member dies?
• I think my relative died without making a will
• See all common questions about family law
• See all common questions about wills &estates

tags

common-law relationship, death of a loved one, unmarried spouses, right of survivorship