Common Law Spouses and Property Division in Canada
In my last blog, I discussed the length of cohabitation to be considered common law spouses in the Canadian provinces and territories.
In this blog, I will discuss what the implications of being considered a common law spouse has on property division after separation throughout Canada.
The following chart shows the Canadian province or territory and property division after separation for common law spouses.
| Province/Territory | Property Division |
| Alberta | Unmarried couples are excluded from provisions governing property division |
| British Columbia | Unmarried couples are excluded from provisions governing property division. This may change with new expected legislation |
| Manitoba | Each partner entitled to half the value of property only if acquired during the 3 year period of cohabitation or if registered |
| New Brunswick | Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract |
| Newfoundland | Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract |
| Nova Scotia | Provisions for property division apply if the relationship is registered under the Vital Statistics Act |
| Ontario | Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract |
| Prince Edward Island | Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract |
| Quebec | Provisions for property division only apply for civil union couples with cohabitation contracts |
| Saskatchewan | Provisions for property division apply to unmarried couples together for at least 2 years |
| Northwest Territories | Provisions for property division apply |
| Nunavut | Provisions for property division apply |
| Yukon | Unmarried couples are excluded from provisions governing property division, subject to cohabitation contract |