Living with your partner doesn't automatically mean you share the same legal rights as married couples, especially in Newfoundland and Labrador
For common law partners, things like inheritance, property, and spousal benefits can get complicated without proper planning.
Whether you’ve just moved in together or have shared a home for years, understanding how the law works can help you avoid surprises and protect each other.
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What is a common law relationship in Newfoundland?
In Newfoundland and Labrador, a common law relationship means two people living together in a conjugal relationship without being legally married. This applies to both same-sex and opposite-sex couples.
The tricky part? "Common law" doesn’t mean the same thing in every legal situation. How long you’ve lived together, and what proof you have, can affect your rights.
Here’s how recognition typically works:
- Spousal support: You may be eligible after living together for at least one continuous year
- Canada Pension Plan (CPP) survivor benefits: Recognized after one year of cohabitation. You’ll likely need to show shared bills, a lease, or a joint address
- Workplace or private benefits: Many providers accept one year of cohabitation, but requirements vary. Always check with your benefits provider
For other legal areas, like property division or estate claims, time alone isn’t enough. You may also need to prove you shared finances or provided care and support.
Key differences between marriage and common law in Newfoundland
While common law couples often share similar responsibilities, the law doesn’t treat them the same as married couples.
Here’s a quick snapshot of the key differences:
Married couples receive automatic protections under the law. For common law partners, rights often depend on proof of the relationship, of shared assets, and of intent.
Legal rights for common law partners in Newfoundland
Common law partners do have legal rights in Newfoundland and Labrador, but they’re more limited than those of married spouses.
Here are a few areas where you may have legal standing:
- Spousal support: Possible after a year of living together. The court looks at financial dependence and contributions to the relationship
- Child custody and support: You have the same rights and responsibilities as married parents. Courts decide based on the best interest of the child
- Pension benefits: You may qualify for CPP survivor benefits or workplace pensions, but you’ll need to prove your relationship
It’s important to remember that without documentation, you may not qualify, even after years together.
Property division in common law relationships
Property division works very differently for common law couples.
- Married couples: Property is usually split 50/50 under the Family Law Act
- Common law partners: There’s no automatic right to shared property. Assets usually stay with whoever purchased or owns them, unless you can prove you contributed to their value
To claim a share, you may need to go to court and show proof, like bank transfers or mortgage payments. Courts may apply concepts like "constructive trust" or "unjust enrichment"
How to protect your rights as a common law partner
Since common law couples don’t have automatic protections, planning ahead is key. These tools can help you document your relationship and make sure your wishes are respected:
- Cohabitation or property agreements: Outline how assets will be divided if you separate
- Joint ownership: Add both names to titles or accounts to show shared ownership
- Separation agreements: If the relationship ends, a legal document can clarify responsibilities and help avoid disputes
Estate planning and inheritance for common law partners
Without a will, your partner may not inherit anything. In Newfoundland and Labrador, the law prioritizes biological relatives unless you’ve planned ahead. It’s a common and often costly misunderstanding.
To make sure your common law partner is protected, consider these steps:
- Create a will: This ensures your partner inherits according to your wishes
- Name them as a beneficiary: On assets like life insurance, RRSPs, and pensions. These can often bypass the will
- Set up a trust: If you want to provide long-term support for your partner, children, or dependents
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Spousal support and child custody for common-law couples
Spousal support
If you’ve lived together for at least one year in a conjugal relationship, you may qualify for spousal support under the Family Law Act. Eligibility depends on:
- Your income and financial situation
- The length of the relationship
- Childcare responsibilities
- Your role in the relationship, including unpaid caregiving or household work
Support can be temporary or long-term depending on your situation.
Child custody and support
Married or not, you have equal rights when it comes to your children. Custody and support decisions are always based on the child’s best interest.
You can create private custody agreements or go through court if needed. Family Justice Services and Legal Aid NL can help if you need guidance.
Quick tips for common law couples
- Make a will and name your partner as a beneficiary
- Add both names to major assets like homes and accounts
- Consider a separation agreement for clarity if you break up
- Keep records of shared finances or caregiving roles
- Get legal advice to understand how the law applies to you
Common law FAQs in Newfoundland
How long do you have to live together to be considered common law?
Generally, one continuous year of cohabitation in a conjugal relationship is the minimum. But the requirement may vary depending on the benefit you’re applying for.
What is a common law partner entitled to after separation?
You might be eligible for spousal support. Property isn’t automatically split, but you can make a claim if you contributed financially or otherwise.
Can you live together and not be considered common law?
Yes. Simply living together doesn’t create a common law relationship. You need to show a conjugal connection and typically at least one year of living together.
Can common law partners access healthcare or employment benefits?
Many employers recognize common law partners, but you may need to provide proof or sign a declaration.
Are common law partners responsible for each other’s debts?
Not usually. You’re only responsible if both names are on the debt, like joint credit cards or loans.
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Final thoughts
Common law relationships are increasingly common, but without the automatic protections of marriage, they come with more risk.
The good news is that a few simple steps, like creating a will or co-signing ownership, can go a long way toward protecting yourself and your partner.
Understanding your rights and acting on them is the best way to avoid legal surprises and plan for your future together.
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