Common Law Saskatchewan
Understanding how common law works in Saskatchewan is important for couples who live together without marrying. Saskatchewan law treats common law partners almost the same as married spouses, but there are key rules and timelines of which you need to be aware . This guide explains when a relationship becomes common law in Saskatchewan, what rights and obligations arise, and how issues like property, support, children, and estates are handled.
What is Common Law in Saskatchewan?
In Saskatchewan, you are legally considered to be in a common law relationship once you have lived together in a conjugal (marriage-like) relationship for two continuous years, or if you are in a spousal relationship and have a child together (no minimum amount of time). After that period of time, you acquire many of the same rights and responsibilities as a married couple in Saskatchewan.
Property Rights for Common Law Couples in Saskatchewan
Under the Family Property Act, the same property division rules apply to married and common law partners. At the end of a relationship, property acquired during the relationship is generally divided equally. Property owned before the relationship, gifts, inheritances, or personal injury awards may be exempt, unless they were put into joint names or mixed with family property. Assets and debts are valued as of the date of separation.
If you want to avoid the default division rules, you and your partner can enter into a cohabitation agreement that sets out how property will be divided if you separate.
Spousal Support in Common Law Saskatchewan
When it comes to spousal support, there is no difference between married and common law partners. Once you are considered common law, either partner may make a claim for support if the relationship ends. In determining spousal support, courts look at the length of the relationship, the roles during the relationship (for example, one partner staying home to raise children), the financial need of one partner and ability of the other to pay, and economic disadvantages caused by the breakdown of the relationship. Spousal support amounts and duration are guided by the Spousal Support Advisory Guidelines, but the court ultimately decides entitlement and quantum.
Child Custody and Child Support
For child custody and child support, Saskatchewan law treats married and common law parents the same. Parenting time and decision-making responsibility is determined under The Children’s Law Act, 2020 based on the best interests of the child.
Child support is calculated using the Child Support Guidelines, which set payments based on the paying parent’s income and the number of children.
Estate Rights and Wills in Saskatchewan Common Law
Estate law in Saskatchewan goes further than most provinces. In most provinces, marriage automatically revokes an existing will. In Saskatchewan, your will is also automatically revoked when you become common law after two years of cohabitation. If you move to Saskatchewan and have already been in a common law relationship for more than two years, your existing will is automatically invalid. If you die without a will, a common law spouse has the same inheritance rights as a married spouse under Saskatchewan’s Intestate Succession Act.
Cohabitation Agreements in Saskatchewan
Couples who want more certainty often enter into a cohabitation agreement. This is a legally binding contract that can address division of property if the relationship ends, allocation of debts, spousal support rights or waivers and other financial arrangements
Common Law vs Marriage in Saskatchewan
Although common law and married partners share nearly identical rights in Saskatchewan, there are a few differences worth noting. Marriage creates rights immediately, while common law rights require two years of cohabitation (or a child together). Marriage involves a formal legal ceremony and documentation, while common law status arises automatically after meeting the criteria. Some federal benefits, such as CPP survivor benefits, require at least one year of cohabitation rather than two.
In practice, however, once you are considered common law in Saskatchewan, the differences are minimal.
Leave A Comment
47 Comments
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?
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.
No. You need to be living together in the same house, same city for 2 years
Is there a legal time on this,as it has been over 2 years since i left my commonlaw wife and her money.
How long after a common law relationship ends to you have to file for property settlement?
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?
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?
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.
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?
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?
Can I file for common law if because why we are not together is because he beat me almost to death?
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
So under a 2 year relationship, I’m not obligated to give spousal support? Please respond . Thank you
I have 21 month with my spouse and I live in Sask … he passed away .. Am I intitle to equal to spouse?
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?
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.
I am living with my best friend. He has never gotten a divorce from his first wife. How does this effect common law status.
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?
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?
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?
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.
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?
Can we be considered common law since we already have a baby and it’s only a year that we have been living together?
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?
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.
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
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?
I’m confused by all of this, all of these questions. When is it okay to file together? Can you file anytime together?
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 ??
Does your status from single change to common law if you have a baby together ? Wondering for the sake of child tax, gst etc.
If your legal status in Saskatchewan is “Separated” and not yet divorced, can you become Common-Law Status with another person?
Can you be considered Common Law if your partner is still legally married (separated and going through divorce). Or does the 2 years for Common Law only begin once they are divorced?
I was in the hospital for 27 days stressed out burned out I was in a car accident in 2015 Wife was talking to this guy now they r living together engaged wife left me in July this is February is she in tiled to half or not
Is there a reference for this information? Like an actual government website. The Canada government website states one year, so doesn’t federal overrule provincial?
lol at all these whores trying to screw over a man theyve dated for 2 years!
My aunt has been living with my father for over two years this year. Does this mean tjat she is entitled to have his estate when he dies? He has a will leaving everything to his 4 children already, but does that mean his will is invalid?
If two people have a child together before the two years. Comes up does that mean that they are common law? And do the have to present there taxes to a third party if one one of them has another child from a previous for spliting the. Costs of daycare ?
My ex’s and I lived together for 7 years she has two kids, last year she desided to leave me for someone else due to I lended up in hospital for month. She said she signed separated papers within two weeks she got married is she entitled to anything
It might be worth checking up on, but “common-law” is a term that went out a long time ago. The only recognised term for a “marriage-like” relationship (whether celebrated or not) is “spouse”
My “partner” or “spouse” have been together for 4 years . She has decided to move to an alternative individual .
Under this new legisation does she need a separation agreement of 3 months prior to applying for divorce. Is the legal document necessary?
How long do you have to be with someone to be considered Common-law?
My common law spouse and I have been living together in sask for 10 years…we bought a house last fall, only his name is on the morgage since he wouldn’t let me be on it…now he says he can kick me out and i get nothing
my sister’s baby daddy walked out on her and the kids to be with another woman… does he have any right to anything? and she has been told to just print papers offline and get him to sign is there a way to go about making this into court without a lawyer as she can’t afford nor is she allowed a free one as she “makes to much” on EI…. she doesn’t have to justify herself and tell him everything does she…as the RCMP have told her that because she bought the house and car while common law he owns half of everything … please, someone, HELP US so we can do this properly
Anyone else annoyed that common law exists? Can the government stop regulating our lives!? If we wanted to get married and have all of those benefits, we would get married! This law is outdated and needs amending.
My common in law and i lived together for almost 18 years. Have never filed income tax together as a couple. Now as a couple have come to end of this,relationship. The house was and in his name. I paid a set fee , consider it as rent. However, we do own other joint property. Now that split. And he’s given his choice to abandon his home. What rights do i have . As to take over the property. Or to buy his half.
All of those goes under family law and a good family lawyer can help you out from those issues. If you are looking for a family lawyer then you can contact Regina family lawyers, they have experienced lawyers to help you with all types of family issues.