Did you know that in British Columbia, you don't have to be legally married to be considered a spouse under the law? In British Columbia, the common law (and legislation) recognizes that people can be considered spouses even if they are not formally married. These relationships are often referred to as "marriage-like relationships" or "common-law relationships." According to the 2021 census 69.8% of families included married couples, 15.3% involved common-law couples and 14.9% were one-parent families. If you're in a long-term relationship and not married, understanding how the law defines these relationships is crucial, especially when it comes to things like estate planning, inheritance, property division, and support obligations.
What makes a relationship "marriage-like"?
There isn't one single factor that determines whether a relationship is considered marriage-like. Instead, courts will look at a variety of factors to assess the nature of the relationship. Some of the common factors considered by the court include:
- Cohabitation: Did the couple live together? While cohabitation is a strong indicator, it's not always necessary for a relationship to be considered marriage-like
- Intimacy: Was there a sexual relationship between the individuals?
- Commitment: Did the couple demonstrate a mutual commitment to each other?
- Financial Interdependence: Did the couple share bank accounts, own property together, or otherwise intertwine their finances?
- Social Recognition: How did the couple present themselves to friends, family, and the community? Were they seen as a couple?
- Children: Did they have children together and share in their upbringing?
- Duration of the Relationship: While there's no magic number, longer relationships are more likely to be considered marriage-like. In BC, for some legal purposes, a relationship is considered marriage-like after two years of cohabitation.
Case spotlight: Thauberger Estate (Re)
The recent British Columbia Supreme Court case, Thauberger Estate (Re), 2025 BCSC 760, offers important clarification on how courts interpret "marriage-like relationships" under B.C.'s Family Law Act (the "FLA") and their impact on estate distribution. This case revolved around competing claims to the Estate of a deceased male ( the "Deceased"), who passed away leaving behind a will dated May 10, 2001, naming his long-time partner ("Partner") as the Deceased's spouse and beneficiary, which would significantly impact the distribution of his assets.
Competing claims: Spouse or not?
Two main applications were before the Honourable Justice Caldwell.
First, the Deceased's Partner, sought a declaration that she was his spouse and that the 2001 will was his valid will. Meanwhile, the Deceased's nephew claimed entitlement to the Deceased's property in Burnaby, arguing that the Deceased's Partner did not meet the legal definition of a spouse under the FLA. This dispute turned on one key issue: whether the relationship qualified as a "marriage-like relationship" under British Columbia law. The outcome would determine who had legal standing to inherit the estate.
Defining "Marriage-Like" under the FLA
Justice Caldwell meticulously reviewed the evidence presented regarding the relationship between the Deceased and his Partner. The court noted that their relationship spanned over 20 years and was characterized by significant elements of commitment and interdependence, despite them maintaining separate residences for part of each year.
Ultimately, Justice Caldwell ruled in favor of the Partner. The court declared the May 10, 2001 document to be the Deceased's valid will and that based on the evidence presented, that the long-term and evolving relationship constituted a marriage-like relationship. This finding supported the validity of the 2001 will, which reflected the Deceased's intentions towards his spouse. As a consequence of these findings, the Partner was granted the right to apply for administration of the estate with the will annexed. Furthermore, the Deceased's nephew's claim for the Burnaby property was dismissed, and a notice of dispute filed by another party was cancelled.
Implications and key takeaways
The Thauberger Estate (Re) case underscores several important aspects of how British Columbia law recognizes marriage-like relationships:
- Beyond Cohabitation: While cohabitation for at least two years generally establishes spousal status under the FLA for many purposes (as outlined in section 3), this case highlights that the entirety of the relationship must be examined. Even with periods of living in separate residences, a deep and long-standing commitment may lead to the recognition of a "marriage-like" relationship.
- Importance of Intent: The existence of the will, drafted during the relationship and naming of his Partner as the beneficiary, was considered evidence of the Deceased's intention to treat her as his spouse for estate purposes. This emphasizes the significance of documented intentions in such situations.
- Long-Term Relationships: The case reinforces that long-term relationships, characterized by mutual support, commitment, and shared aspects of life, are likely to be recognized as marriage-like under the law.
Thauberger Estate (Re) highlights the legal significance of marriage-like relationships in BC, particularly in matters of estate planning and inheritance. If you or your client are in a committed, long-term relationship that may be considered marriage-like, it is crucial to understand your rights and ensure your intentions are clearly documented, especially concerning estate planning. Contact ourEstates and Trusts Litigation teamto better understand your rights, protect your interests, and avoid future disputes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
