How do I know if I'm in a Common law relationship?
What Does Common Law Mean?
Common law marriage refers to a relationship where two people live together as a couple without formally marrying. In Saskatchewan, the definition of "spouse" in the Saskatchewan statutes has been changed to include being in a common law relationship.
Why Is This Important?
Understanding common law status is crucial because it can affect your legal rights and obligations-in matters such as social assistance benefits, property division, spousal and child support, taxes, and inheritance. If you separate or one partner passes away, being recognized as common law could significantly impact your financial and legal situation.
To be considered common law, most jurisdictions require that:
- You live together in the same residence, in a marriage-like relationship
- You have a sexual relationship
- You present yourselves publicly as a couple.
- You meet a specific minimum period of cohabitation
- You share finances, household responsibilities, or have children together.
What if you have four out of five?
It's important to note, that not all five components are necessary for you to be considered common law under the law; if four out of five of the components are present, you may still be common law. Thus, people have been found to be common law if they have a long-term couple relationship involving sexual activity, but never actually lived in the same house. Similarly, people who lived in the same house as landlord and tenant without a sexual relationship have also been found to be common law.
When Do I Become Common Law Under the Law?
The timeline varies by location. For example:
In many Canadian provinces, and under Federal statutes, such as the Income Tax act, and Canada Immigration, you are considered common law after living together for 12 consecutive months.
In Saskatchewan, the Definition of spouse includes being in a common law relationship for more than two years. The exception is in relation to social assistance benefits, where a person is considered to be in a common law relationship after three months, and benefits are adjusted accordingly.
Ruth Pradzynski is a lawyer with A.R.E. Law in Regina, Sk.
1758 McAra Street, Regina, Sk. S4N 6L4
(306) 352-1522