Being a Spouse Without Living Together: Estate and Inheritance Rights in BC
Many couples today build deep and committed relationships while choosing not to share a home. Some do this for work or education, some for family obligations, and others simply prefer maintaining separate spaces. Even without living together, these couples often function as spouses in every practical sense. They share their lives, support one another, and make long term plans together.
This lifestyle is becoming more visible, and it raises an important legal question. Can partners who do not live under the same roof still be considered spouses in BC? The answer matters a great deal when it comes to estate planning and inheritance. A partner who is treated as a spouse under the law may be entitled to certain rights and benefits, while someone who is not recognized may receive nothing at all.
If you are in a committed relationship without a shared residence, it is essential to understand how BC defines a marriage like relationship and what evidence courts look for when deciding whether a couple qualifies as spouses.
How Courts View Marriage Like Relationships Today
In the past, courts relied heavily on traditional signs of marriage such as financial dependence or clearly defined household roles. These factors do not reflect most relationships today. Many partners share financial responsibilities, maintain separate careers, and function as equals.
BC courts now focus on the real nature and dynamics of the relationship rather than older assumptions about how couples should live.
What Is Cohabitation?
Cohabitation often sounds like it requires two people to live under the same roof. Legally, that is not always true.
Courts have recognized that cohabitation can be, in their words, “susceptible to some factual fluidity” as explained in Jones v. Davidson, 2022 BCCA 31. Modern life includes long work hours, education in different cities, and blended families. These realities make it very common for committed couples to live apart for practical reasons.
A useful example is Richardson Estate, 2014 BCSC 2162, where two partners were found to have a marriage-like relationship even though they kept separate residences. Their lives were still intertwined in meaningful and supportive ways.
You do not need a shared address to meet the legal test for cohabitation.
Living Apart Together
Couples who are committed to one another but maintain separate homes are often described as living apart together. This is increasingly common among people who value career flexibility, want to keep separate residences for family reasons, or simply prefer a degree of independence.
Courts understand that living separately does not automatically weaken a relationship. When deciding whether two people qualify as spouses, judges consider factors such as:
- commitment to a shared future
- emotional and financial support
- time spent together
- how the couple presents their relationship to others
Living apart may influence these factors, but it does not eliminate the possibility of being considered spouses.
Planning Ahead
The key takeaway for unmarried couples is clear. Love alone does not guarantee legal rights. Couples who live apart should consider creating clear estate planning documents such as wills, powers of attorney, and cohabitation agreements. These measures can help prevent disputes and ensure that your intentions are respected after your death.
Living apart does not mean you are not married. Without careful planning, the law may not recognize your relationship in ways you expect. Taking proactive steps now is the best way to safeguard your rights and the security of your partner. For an example of how these issues can be resolved in court, and to see how our firm successfully advanced these arguments, you may want to review the decision in Matossian Estate v Clark Estate, 2024 BCSC 2214.