Recorded on: February 24, 2026
Length: 60 minutes
Summary
Family lawyer Darlene Sandhu answers common questions about common-law relationships in BC, including when you become "common law" in the eyes of the law, what that means for your legal rights and obligations, what happens if you break up, and how you can protect yourself.
Highlights
In this webinar, you will learn:
Defining a common-law relationship
What it means to be in a “common-law” or “marriage-like relationship” in BC including whether there’s a checklist of factors you need to meet. [5:00]
Whether it matters if you’re in a same-sex or polyamorous relationship. [7:15]
How long you need to live with someone to be considered “common law” in BC and whether the time needs to be continuous. [8:50]
Whether you’re in a common-law relationship if your partner of over 10 years stays with you 3-4 nights a week, but maintains a separate residence. [9:10]
In a situation where you and your partner have lived together for nine years total, and she leaves for a period of approximately one year, and then moves back in, whether you’re considered “common law” and whether her departure re-set the clock. [10:15]
Whether you’re considered common law when your partner is American and can only be in Canada for six months of the year, you have lived together for six months out of each year for the past four years, and you own a house and joint bank accounts together. [11:50]
Whether you and your partner can be common law if your partner is still legally married to someone else. [12:55]
Rights while together
What happens legally when you become common law, how it differs from being legally married, and the pros and cons of each. [13:50]
At what point you need to declare your common-law partner on your tax returns. [18:00]
In a situation where your disabled adult son lives with you and receives disability benefits, whether he and his girlfriend of three years — who stays over three nights a week — are common law and whether she has a claim to his disability benefits or to your home. [19:25]
Whether your common-law partner has a right to your money if you make more money than they do. [21:55]
How to protect yourself if you and your partner are getting serious and you want to protect your condo and other assets, including whether you should enter into a “pre-nup” even if you’re not planning to get married. [25:40]
Separation and relationship breakdown
What you can expect for property division, child support and spousal support if you break up with your common-law partner after five years of living together, and you own your condo together and have a two-year old daughter together. [32:20]
Whether you would still be considered common law if you and your partner break up but continue to live in a house you own together and co-parent your children together, and how you can protect yourself financially going forward. [35:00]
What to do if your partner, who you lived with for seven years, breaks up with you and locks you out of her condo, and won’t give you access to your personal assets. [37:00]
How to protect yourself if you want to buy a condo after breaking up with your common-law partner of several years but are afraid they will try to make a claim to it. [39:05]
Resources
Where to find resources to learn more about common-law relationships. [41:45]
Live questions
Whether you become common-law partners if you date a non-resident of Canada for four years and she stays with you for a few months each year. [41:45]
How strict the two-year minimum is to meet the definition of common-law partners. [43:30]
Key factors courts will look at to decide when a common-law relationship started. [45:20]
Whether you need a separation agreement when a long-term relationship ends. [46:45]
Whether there’s an exception to the two-year minimum requirement of living together if the couple has a child together. [48:20]
Why common-law relationships are legally recognized, when they seem to complicate determining who is common law and who is a roommate. [49:15]
What a cohabitation agreement might cover, including a scenario where a common-law partner’s parents are also on title to a property. [51:10]
When a cohabitation agreement needs to be drafted, for example, before you move in together or in the two years before you become common-law partners. [53:00]
What’s involved in creating a cohabitation agreement. [54:30]
Featuring
Darlene Sandhu
Darlene Sandhu is a family lawyer and the founder and principal of DSG Family Law in Langley, BC. Darlene is committed to finding solutions that suit her clients’ needs, whether by alternative dispute resolution or, when necessary, bringing the matter to court. She is a dual-qualified family lawyer in Alberta and British Columbia with litigation experience in a broad range of challenging family law matters in the Provincial Court, Court of King’s Bench, and the Supreme Court of BC. Darlene is dedicated to building and supplementing diverse communities and is fluent in Hindi, Punjab, and conversational in Urdu.
Attendee feedback
“This has been so informative! Thank you a ton!”
“One of the best webinars! Darlene did an excellent job of concisely answering so many questions.“
“The speaker was very clear, used lawyer lingo as appropriate and was respectful of all questions and situations (e.g., same sex co-habitation), and answered complex questions (e.g., man with disabilities living with his mother and having GF over 3 nights a weeks and what she is entitled to). Thanks for doing this webinar.”
“Amazing webinar. Congrats to Darlene Sandhu for her knowledge and professionalism. I wish this one can be repeated and longer than one hour to solve more questions.”
“🔥🔥🔥🔥🔥 the level of engagement during this webinar is astonishing!”
“This presenter was amazing, provided a huge amount of excellent information in a small time frame.”
“Thank you for up to date presentations on very IMPORTANT topics that are often misunderstood and not often spoken openly about.“
“Darlene was very professional & skilled in her answers. Even adding a personal touch. I like the PPT format & time for Q&A. Easy to follow and again well structured."
“Thanks for the good work that you do.”
Additional resources
On common-law relationships
Common-law couples, from the Family Law in BC website
From Dial-A-Law