Common Law Proof 

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5.35. What is cohabitation?

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:

- Joint bank accounts and/or credit cards;

- Joint ownership of residential property;

- Joint residential leases;

- Joint rental receipts;

- Joint utilities accounts (electricity, gas, telephone);

- Joint management of household expenditures;

- Evidence of joint purchases, especially for household items;

- Correspondence addressed to either or both parties at the same address;

- Important documents of both parties show the same address, e.g., identification documents, driver’s licenses, insurance polices, etc.;

- Shared responsibility for household management, household chores, etc.;

- Evidence of children of one or both partners residing with the couple;

- Telephone calls.

These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.