A common law spouse is a person who lives with their partner in a marriage-like relationship without being legally married. Common law relationships are becoming more and more common, but they do not have the same legal status as a traditional marriage. This can lead to confusion and uncertainty when it comes to issues such as property rights, inheritance, and child custody. In this article, we will discuss the rights of common law spouses and provide guidance for those in or considering such a relationship.
Part 1: Property Rights
One of the most significant differences between common law spouses and married couples is the division of property. When married couples separate, the laws of the state or province determine how their property is divided. However, there is no automatic right to property division for common law spouses.
1.1 Establishing Property Ownership
In a common law relationship, each partner owns the property that is in their name. Therefore, if one partner buys a house in their name, they are the legal owner of the property. To establish joint ownership, both partners must be named on the title or deed. It is important to note that contributing to mortgage payments or renovations does not automatically give a partner ownership rights.
1.2 Division of Property upon Separation
If a common law relationship ends, each partner is entitled to keep the property that is in their name. However, if property is jointly owned, it must be divided equally or according to the agreement made by the parties. If the couple cannot agree on the division of property, they may need to go to court to resolve the matter.
1.3 Unjust Enrichment Claims
In some cases, a partner may make an unjust enrichment claim against their former common law spouse. This means that they are claiming that they contributed to the acquisition, maintenance, or improvement of property that is solely owned by their former partner. If successful, the court may award compensation to the contributing partner.
Part 2: Inheritance Rights
Another area where common law spouses have fewer rights than married couples is inheritance. While married couples can inherit from each other without a will, common law spouses do not have this same automatic right.
2.1 Making a Will
To ensure that their common law spouse inherits from them, a person must make a will. Without a will, the estate will be distributed according to the laws of intestacy, which prioritize blood relatives over unmarried partners.
2.2 Dependent Support Claims
In some cases, a common law spouse may be entitled to dependent support from their deceased partner’s estate. This is a claim for financial support that the surviving spouse makes as a dependant of the deceased. The court will consider factors such as the length of the relationship, the lifestyle of the couple, and the surviving spouse’s financial needs when determining whether to award dependent support.
2.3 Joint Ownership of Property
If a common law couple jointly owns property, the surviving partner will generally inherit the deceased partner’s share of the property. However, if one partner owned the property independently, the surviving partner may need to make a claim against the estate for a share of the property.
Part 3: Child Custody and Support
When it comes to child custody and support, common law spouses have the same rights and obligations as married couples.
3.1 Determining Custody
If a common law couple separates and they have children together, they must determine custody arrangements. If they cannot agree on the custody arrangement, they may need to go to court to resolve the matter.
3.2 Obligation to Pay Child Support
Both parents have an obligation to provide financial support for their children. If one parent has primary custody, the other parent must pay child support. The amount of child support is determined based on the income of both parents and the needs of the children.
3.3 Access Rights
Both parents have the right to access their children, regardless of whether they are married or in a common law relationship. However, if there are concerns about the safety or well-being of the children, the court may restrict or limit access rights.
Conclusion
Common law relationships are becoming more common, but they do not have the same legal status as traditional marriages. This can lead to confusion and uncertainty when it comes to issues such as property rights, inheritance, and child custody. While common law spouses have fewer automatic rights than married couples, there are still legal protections available. By understanding their rights and obligations, common law spouses can make informed decisions and protect themselves and their families.