There are a lot of misconceptions surrounding common law relationships. Some people believe it’s the same as being in a marriage; while others think it’s a great way to commit to someone while keeping your assets separate. The fact is, the law around common law relationships is not black and white.
You are considered a common law couple at the moment you start living together, but you really don’t have any legal rights until you have lived together for at least three years. Prior to the three years, if you separate, you cannot seek spousal support unless you have a child together.
The most common misconception is that eventually common law couples become married automatically or they will be treated as if they are married when they separate. This is just not true. Living together as a common law couple is not the same as being married. You actually have to go through a marriage ceremony, whether it’s a religious or civil ceremony, and you can’t become married without such a ceremony. As a result, a lot of common law couples separate and then think that they have the same rights and obligations as if they had married, and that is just not so.