Common-Law Relationships and Property Division in BC: What Couples Need to Know
October, 2026: CanadianLawyer interviewed Fraser MacLean, a thought leader in Vancouver family law and common-law relationships in BC. The British Columbia’s Family Law Act provides important property-division protections for unmarried couples, but determining whether a relationship qualifies can be more complicated than many people expect.
Fraser MacLean, a partner at MacLean Family Law, considers the legislation an improvement over the province’s previous framework. Where two people have organized their lives as a family unit for at least two years, he believes the absence of a marriage ceremony should not automatically leave one partner without statutory property protections.
However, eligibility depends on whether the relationship meets the legal definition of a “marriage-like relationship.” This can lead to disputes over the nature of the relationship, how the couple lived and whether the two-year threshold was satisfied.
“Not all serious relationships look the same,” Fraser explains.
Couples may maintain separate finances, sleep in separate bedrooms, spend extended periods apart for work or deliberately avoid traditional relationship labels. As a result, determining whether a relationship was marriage-like can require a detailed examination of the evidence.
How Do BC Courts Interpret a Marriage-Like Relationship? Call 604 602 9000
A significant BC Supreme Court decision illustrates how broadly the courts may interpret the term “marriage-like.”
Lorne N MacLean KC represented a woman who had been in a relationship with Thomas Alan Budd, a philanthropist whose wealth was estimated at approximately $150 million. The couple dated and lived together between 2018 and 2021.
Budd argued that his former partner should not qualify for property-division rights because she did not love him and therefore lacked the subjective intention to be in a marriage-like relationship.
The court rejected that argument, noting that love has never been a legal requirement for marriage. In assessing whether a relationship is marriage-like, the court considered factors including sexual behaviour, social activities and financial arrangements.
The decision resulted in an award of more than $5 million in divided property to Budd’s former partner.
For unmarried couples, the case highlights an important principle: the legal nature of a relationship is not determined by any single factor, nor simply by how either partner describes it. Courts examine the circumstances of the relationship as a whole.
If You Are an Unmarried Couple, What Are Your Common-Law Property Rights?
Despite the protections available under BC law, many people remain unaware of how the rules apply to their circumstances.
MacLean says clients are often blindsided when they discover that their relationship may give rise to common-law property-division rights they did not anticipate. Others may assume that maintaining separate finances or avoiding marriage means their assets will automatically remain separate.
Greater awareness of the legislation could help couples make more informed decisions about their financial arrangements and relationship expectations.
For individuals with significant assets, business interests, trusts or complex financial arrangements, understanding these rights is particularly important. The consequences of a separation can extend well beyond the family home, making it essential to consider potential property claims before a dispute arises.
Protect Your Interests in a Common-Law Relationship with MacLean Law
Couples do not necessarily need to marry to acquire property rights under BC law. Equally, choosing not to marry does not automatically eliminate the possibility of a claim against a partner’s assets.
A marriage agreement or cohabitation agreement can help establish clear expectations about property ownership, asset division and financial responsibilities if a relationship ends. For high-net-worth and ultra-high-net-worth individuals, these agreements can be especially valuable in addressing complex assets and protecting existing wealth.
The appropriate approach depends on the circumstances of the common-law property relationship, the assets involved and each partner’s objectives. Obtaining legal advice early can help clarify potential obligations, reduce uncertainty and support informed decision-making.
At MacLean Family Law, we help clients navigate complex family law matters with strategic advice tailored to their circumstances. Understanding your common-law property rights before a relationship breaks down can be an important step toward protecting your financial interests and planning for the future.
Call MacLean Law today for a consultation with Fraser MacLean and protect your assets.
604 602 9000
This article is intended for general informational purposes only and does not constitute legal advice. If you require legal advice regarding your specific circumstances, please contact MacLean Law to discuss your matter with a member of our family law team.
