Legal Question in Family Law in Canada

Common Law couples not divorced.

My boyfriend and I have been together for 17 yrs, in a common law relationship, should anything happen to one of us, could either spouse from our marriages, contest any money that may come to either one of us? There is no property or child support involved in either of our marriages.


Asked on 9/10/08, 8:31 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Common Law couples not divorced.

In British Columbia, unless you have a will, the law stztes that your spouses inherit.

The questioner says that thee is no property and then goes on to ask about money that may come to either of them; money is porperty.

If either of the common-law partners dies without a will and has property (land, money, investments, vehicles, debts owing to them, etc) that is not registered in joint tenancy (as opposed to tenants in common) to both of them, then the lawful spouses will inherit.

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Answered on 9/11/08, 9:40 pm


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