The law accounts for roommates by defining the nature of the relationship. Cohabitation for a certain period isn't the full definition. The definition does not allow for more than 2 people in the relationship.
Actually I think the laws in BC are becoming more progressive with nonmonogamous arrangements. I think there was a case recently where a judge split custody of a child between three people who were romantically involved, cohabitating, and raising the child.
But generally you would only be considered common law in BC if you're in a conjugal relationship.
In practice, if that becomes a point of contention (and I don't think this has been a frequent occurrence), it comes down to how you are publicly perceived. If one person denies the relationship being more than a platonic roommate arrangement, but all acquaintances interviewed claim they were under the impression you were romantically or intimately involved, the court would find that to be a conjugal arrangement.
The law does define conjugal arrangement, and sex is sufficient for it to be considered conjugal, but not required.
Yea, I've always found even the more progressive legal systems to be such that they're often, reasonably, less loose than most progressive cultures. I was discussing this with folks recently about Canada's proposed asylum class for trans/nonbinary folks.
There's obviously folks who neatly fall into either category, just like how three people who live together and have a communal sexual relationship could be neatly considered to be "married" to each other in a legal sense. It all gets more complicated on the edges though. How not-commited to your assigned-at-birth gender do you have to be to count as nonbinary in a legal sense? If I live with one person in a committed relationship, but also have a relationship with 4 other people I don't live with, how often do I have to see them before they have a claim on me? It only gets more complex when you consider asexual people, who may have many close emotional relationships with no real strong "ranking" or "best friend" or "partner".
It's much easier to just "do the reasonable thing" when it's your friends and there's only a few and much harder when it's the government having to intermediate a divorce, or child custody, or the option to have your partner immigrate.
pcthrowaway|2 years ago
But generally you would only be considered common law in BC if you're in a conjugal relationship.
In practice, if that becomes a point of contention (and I don't think this has been a frequent occurrence), it comes down to how you are publicly perceived. If one person denies the relationship being more than a platonic roommate arrangement, but all acquaintances interviewed claim they were under the impression you were romantically or intimately involved, the court would find that to be a conjugal arrangement.
The law does define conjugal arrangement, and sex is sufficient for it to be considered conjugal, but not required.
noirbot|2 years ago
There's obviously folks who neatly fall into either category, just like how three people who live together and have a communal sexual relationship could be neatly considered to be "married" to each other in a legal sense. It all gets more complicated on the edges though. How not-commited to your assigned-at-birth gender do you have to be to count as nonbinary in a legal sense? If I live with one person in a committed relationship, but also have a relationship with 4 other people I don't live with, how often do I have to see them before they have a claim on me? It only gets more complex when you consider asexual people, who may have many close emotional relationships with no real strong "ranking" or "best friend" or "partner".
It's much easier to just "do the reasonable thing" when it's your friends and there's only a few and much harder when it's the government having to intermediate a divorce, or child custody, or the option to have your partner immigrate.