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Saskatchewan

Common Law Saskatchewan
In Saskatchewan you are considered common law once you have lived together for two years.

Property Rights
The same rules relating to the division of property at the end of a relationship apply to married and unmarried partners in Saskatchewan under the Family Property Act.

Spousal Support
When it comes to spousal support in Saskatchewan, there is no difference between how married partners and common law partners are treated.

Child Support & Child Custody
Child support and child custody are determined using the best interests of the child, which means that the legal status of the child’s parents is irrelevant to these issues.

Estates
In all provinces when you get married, your will is automatically invalidated. The thinking behind this is that the will was made before you had the chance to think about your new spouse, and you’d likely want to give your new spouse some or all of your estate.

Saskatchewan takes this one step further. When you become common law partners after living together for two years, your will is automatically invalidated. So, as you approach common law status on the second anniversary of living together, you should consider getting a new will drafted. Similarly, if you move to Saskatchewan and have been in a common law relationship for more than two years, our will is automatically invalidated.

Common law and married partners have the same legal rights and obligations when it comes to estates in Saskatchewan.

Cohabitation Agreement
You can always change the legal regime that governs your relationship by entered into a cohabitation agreement in Saskatchewan.

Summary
In Saskatchewan, married couples and common law couples have the same legal rights and obligations.

20 comments on “Saskatchewan

  1. When did the 2 yr rule come into effect? The will was made Dec 8,1997 and cohabiting started after that. Is this will invalidated?

  2. I thought that common law was when you lived together for 3 months ? We have flown all over the country and taken holidays together,i have been seeing my girlfriend now 5 years she lives in a small city in sask i live in another city in sask.I have been going there every weekend and staying there for the whole weekend with her at my place and she has come about a half dozen times to my place to spend the weekend even long weekends .i have had clothes there at times and then brought them home on occasion and we have broken up a few times for a week or so is this considered a common law relationship ? thanks.

  3. Is there a legal time on this,as it has been over 2 years since i left my commonlaw wife and her money.

  4. Brittany Hodgson on said:

    My ex and I were common law. I lived with him when I was home (Christmas, summer, ect.) my stuff stayed at the house. However, I was finishing up school in Billings MT. We split a year ago and I haven’t taken him to court because I am in Montana and also financial reasons. We had an agreement that during the spring/summer when he was on road bands (worked in oil field) I would work and use my money and he would give me an allowance during school. When we broke up he didn’t follow this agreement hence the issue I couldn’t afford a lawyer. I am moving back to Saskatchewan and want to take him to court. He has sold the house in this time. Is it too late to take him to court?

  5. Sandy on said:

    What kind of proof does a person need to prove common Law relationship? I was legal divorced from my Husband for 15 months, before a divorce settlement was reach he passed away! At the time of his death he was living with another woman, who is now claiming they lived together for 2 1/2 years. Since we all come from the same small town, I know this so called “Lady’s” X husband quite well. I have in my possession legal documents from her X husband that he was served by “my husbands new Lady” stating she was not living with my husband until after we were divorced 15 months before his death. I know for a fact they weren’t living together for two years! I have two minor children from my marriage, which I’m now the sole guardian of. My husband and I owned a company and we had wills that left everything to our children. The lawyers and Courts are raking in the money, while now I can’t even assess child support for his children! This “lady” is also suing her X husband for $850,000.00 in her divorce settlement. Surely we would have the right to begin forward the “Legal documents” both from the “Lady” and my expired X husband, in which they have both sworn in court documents that they weren’t living together. This is an EXTREMELY complicated matter, because not only were we married for 17 yrs, we have two minor children, 50/50 own a Corporation, no divorce settlement been made, Former Father in Law sueing, “Lady” claiming common law relationship, there is a will but she is contesting it and now Estate is in limbo. I have crops in the bins but can’t assess them because of Father in law! How can this Lady (and I use this term VERY loosely) prove she was Common Law, does she just say she was and not have to back it up with some documents, joint bills, bank accts, etc. If you could give me some idea on how she proves she’s common law and whether I can submit her own sworn statements that she legal swears other wise?

  6. Brittany on said:

    I’m wondering, if you have a kid with someone and they move in with you is that immediately considered common law? I’ve been hearing both.

    • the government told me in 2008…. because you share kids together (his blood and yours) and he is living with you,
      you are automatically considered common law.

  7. Katherine on said:

    Hi, I cohabitated from September 2011 until June 15, 2012. I own my home and was charging my ‘boyfriend’ rent, of which he paid me 4 months. All expenses otherwise were my responsibility. He is now indicating that he is entitled to a portion of my house. Is this possible?

  8. Cliff Swystun on said:

    Hi,I have been in a relationship with a partner from sept 2009 until Nov 2012.What are my rights of property division?We had one spousal home and 3 revenue properties.We have a 2 and a half year old son.What are my rights on property division?

  9. Sabrina Johnson on said:

    Can I file for common law if because why we are not together is because he beat me almost to death?

  10. karyn on said:

    Hello I am just wondering about some question on common law in 2012.
    1. How long do you have to be living with the person?
    my question for concern is because in 2012 i was living with my boyfriend from January 2012 till the end of December in 2013 my question is does it make you common law if I was only at his place one day a week for work as i only worked one a day a week in 2012 than i would drive back to my hometown and stay there for the remanding week/ weekend? please email me back as soon as possible thanks

  11. tyler.d.johnson on said:

    So under a 2 year relationship, I’m not obligated to give spousal support? Please respond . Thank you

  12. I have 21 month with my spouse and I live in Sask … he passed away .. Am I intitle to equal to spouse?

  13. Average Joe on said:

    We lived together for three years in SK. We’ve been separated over a year now. She wants half or more yet never paid a cent. She moved to Toronto, I to Vancouver. What province do we get legally separated in?

  14. I purchased a new home in August of 2009 and we were not common law at the time. We started to live together a few months before we moved into the home. If we were to separate would he be entitled to half my house? I had a Will drawn up in December 2009 will it still be valid? As I do have only my children receiving all my possessions and funds.

  15. I am living with my best friend. He has never gotten a divorce from his first wife. How does this effect common law status.

  16. amber jennett on said:

    Me and my partner were living apart then we found out we were expecting. I moved in with him in july 2012 and the baby was born Sept 2012. Then we separated and moved apart Jan 2013. To have been considered common law do you have to still live with each other for 2 years even after you have kids together?

  17. JoAnne on said:

    If an unmarried couple have been living together for over two years, but have been each claiming ‘single’ on their Income Tax documents, are they considered to be living common law?

  18. frankie on said:

    My boyfriend and I have lived together for 2 years and we live in Saskatchewan, are we considered common law even though he is still legally married to another person?

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