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, your 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.

30 Comments

  1. L Guick-Reply
    September 28, 2012 at 10:39 pm

    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. October 11, 2012 at 5:50 pm

    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.

    • mary-Reply
      September 19, 2014 at 3:17 am

      No. You need to be living together in the same house, same city for 2 years

  3. keith-Reply
    February 21, 2013 at 6:46 pm

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

    • Leanne-Reply
      November 12, 2013 at 2:28 pm

      How long after a common law relationship ends to you have to file for property settlement?

  4. Brittany Hodgson-Reply
    March 19, 2013 at 5:42 pm

    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-Reply
    April 8, 2013 at 2:54 am

    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-Reply
    April 12, 2013 at 4:37 am

    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.

    • leah-Reply
      November 28, 2013 at 7:41 pm

      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-Reply
    April 17, 2013 at 8:09 pm

    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-Reply
    April 30, 2013 at 1:28 am

    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-Reply
    May 15, 2013 at 6:49 am

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

  10. karyn-Reply
    June 4, 2013 at 6:24 pm

    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-Reply
    August 8, 2013 at 9:55 pm

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

  12. Susan-Reply
    September 19, 2013 at 2:00 am

    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-Reply
    February 18, 2014 at 6:14 pm

    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. March 29, 2014 at 2:53 pm

    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. June-Reply
    April 29, 2014 at 8:00 pm

    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-Reply
    May 3, 2014 at 8:17 pm

    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-Reply
    May 21, 2014 at 8:10 pm

    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. JoAnne-Reply
    May 21, 2014 at 8:11 pm

    If a couple have been living together for 2 years, but each claim ‘single’ on their income tax remittances, are they considered to be living common law?

  19. Sam-Reply
    July 28, 2014 at 1:29 pm

    Hi, I was wondering if you could tell me if this is common law , me and my boyfriend have been together for 5 years now , the past 3 years we have lived in quit a few different places and there has been a few months here and there that we weren’t in the same place together (not many and usually if we were trying to find a better place to live and moved out of a place for a bit) but still stayed together. Does it hae to be 2 consistent years in the same residents ? Thank you.

  20. frankie-Reply
    August 20, 2014 at 7:55 pm

    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?

  21. Mary ann-Reply
    August 24, 2014 at 7:22 pm

    Can we be considered common law since we already have a baby and it’s only a year that we have been living together?

  22. Elena-Reply
    November 25, 2014 at 4:34 pm

    My boyfriend and I have been living together since Feb 2014. I have two children, and he has one child. We don’t have children together. So, how does that work for claiming common-law? Does the 2 year rule apply because we don’t “share” children? Are we not actually common law yet?

  23. Lise-Reply
    June 3, 2015 at 7:24 pm

    I have been living with my boyfriend since 2003 and he is planning on retiring in October of this year (2015). We have been claiming Common Law on our taxes (I am not exactly sure when we started), but it has been for more than two years. Our plan is to move to another country in Central America. To get residency there, we need to prove that we have been living together officially for an extended period (it’s been 12 years now) in Canada, and for the life of me, I cannot find anywhere that will officially declare us common law as required by the country we are seeking residency in. I have looked at Service Canada, but they deal with Old Age Pensions and such. I have looked at Citizenship and Immigration Canada, but they are looking at people who are looking for permanent status in Canada. We are already Canadian Citizens and we are baffled as to how to get this to be official. We live in Regina, Saskatchewan and would appreciate any help anyone can be to us.

  24. August 23, 2015 at 7:10 pm

    I moved in with my partner in 2002, He had a house which we live in . Keeps telling me its his place not mine and if i leave i get nothing. Is this right or do i have any rights to the house as we have done lots of work to it, Which has lifted its value. What are my rights PLEASE give me some answers

  25. Kate-Reply
    December 14, 2015 at 4:48 pm

    So I am currently living with my boyfriend but have yet to change my address on my driver’s license- Will the 2 years common-law start as soon as I changed my address on my driver’s license, or is it just from the date that I moved in?

  26. Juanita-Reply
    June 19, 2018 at 9:32 am

    I’m confused by all of this, all of these questions. When is it okay to file together? Can you file anytime together?

  27. Denise-Reply
    June 25, 2018 at 3:57 am

    We have lived together for 6 years – a couple years ago his mortgage was up for renewal and instead of adding me , he forcefully made my sign away my squatters rights – I was called names and yelled at for days : threatened – I told him I was sigh ing my rights awY under duress !! So with losing these right what do I have ? Would I still be entitled to equity in the house ??

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