I’ve been with my common law husband for over twenty years and we have dependant kids at home. We never bothered to get married. Don’t we have the same rights as married couples?
Common law couples have some of the same rights as married couples, particularly with respect to support obligations and child custody, but in a number of key areas, common law couples are considered as “singles”. Examples:
(a) If a common law couple separates, there is no right to equalization of property;
(b) There is no concept of the “matrimonial home”. If the common law couple live in a home that is owned solely by one of them, the owner can sell or mortgage the home without the consent of the other partner. This is not the case with the “matrimonial home”.
(c) There are no automatic inheritance rights. If a common law spouse dies, the survivor is not entitled by right to any of the deceased’s property.
There are solutions to these issues, short of actually getting married, but its best to act before an unfortunate event occurs. Having a valid will allows common law partners to ensure their loved ones are protected. A will allows individuals in common law relationships to determine how their property should be distributed upon death. Common law spouses can have their wills designed so that they can enjoy inheritance rights like married couples.
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