Your Legal Rights as a Common Law Partner: An Overview

As more and more couples choose to live together outside of marriage, it’s important to understand your legal rights as a common law partner. While the laws surrounding common law relationships can vary by jurisdiction, there are some common principles that apply in most cases. In this article, we’ll provide an overview of your legal rights as a common law partner, including property rights, financial obligations, and custody and support issues.

Property Rights

One of the most important issues for common law partners is property rights. When you own property together, it’s important to understand how ownership is divided and what happens if the relationship ends. Here are some key points to keep in mind:

1. Title Matters: If you’re listed as a joint owner on a property, you generally have a right to half of the value of that property. However, if only one partner is listed as the owner, they may have greater control over the property.
2. Co-Ownership Agreements: It’s wise to create a co-ownership agreement outlining each partner’s rights and responsibilities when it comes to shared property. This agreement can help prevent disputes and ensure that both partners’ interests are protected.
3. Division of Property: If your relationship ends, you may need to divide any shared property. Depending on your jurisdiction, this may involve an equal division of assets or a division based on each partner’s individual contributions to the property.

Financial Obligations

Common law partners may also have financial obligations to one another, particularly if one partner earns significantly more than the other. Here are some key considerations:

1. Spousal Support: In some jurisdictions, common law partners may be entitled to spousal support (also called alimony) if the relationship ends and one partner earns significantly less than the other. The amount and duration of support will depend on several factors, including the length of the relationship and each partner’s financial situation.
2. Debts: If you share debts with your partner, you may be jointly liable for those debts. This means that if one partner doesn’t pay their share of the debt, the other partner may be responsible for paying the entire amount.
3. Bank Accounts: If you have joint bank accounts, it’s important to understand that both partners generally have equal access to the funds in those accounts. You may want to consider setting up separate accounts or specifying how joint accounts should be used in a cohabitation agreement.

Custody and Support Issues

Finally, if you have children together, there are several custody and support issues to consider:

1. Custody: In many cases, common law partners have the same rights as married couples when it comes to custody of their children. However, it’s important to establish legal paternity (if necessary) and create a parenting plan outlining each partner’s responsibilities.
2. Child Support: Both parents have a legal obligation to financially support their children, regardless of whether they’re married or not. The amount of child support will depend on each parent’s income and the needs of the child.
3. Estate Planning: If you have children together, it’s important to create an estate plan that outlines your wishes for their care in the event of your death. This can include naming a guardian and setting up a trust to provide for their financial needs.

Conclusion

In conclusion, while common law relationships don’t carry the same legal protections as marriage, there are still important legal rights and obligations to consider. Whether you’re thinking about moving in with your partner, or you’re already in a committed relationship, it’s essential to understand your legal rights and protect yourself accordingly. By creating co-ownership agreements, establishing paternity and creating a parenting plan, and considering estate planning, you can help ensure that your interests and those of your family are protected.