02/28/2026
Common law spouses comes up a lot during discussions with clients. There appears to be a looser definition allowed by the courts when one spouse has deceased. The whole relationship history is reviewed and you don't need to live with each other to be deemed spouses.
For example, in a 2017 case (Conner Estate, 2017 BCSC 978 (CanLII) the judge states:
"The fact that they did not live under the same roof and that they each kept separate finances might, without more, militate against a finding of a "marriage-like relationship".
The evidence amply supports, and I find as a fact, that Mr. Chambers and Ms. Connor loved each other, were faithful to each other, communicated with each other almost every day when they were not together, considered themselves to be (and presented themselves to be) "husband and wife" and were accepted by all who knew them as a couple."
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