David Harris-Lowe,
partner, Family Law
Wrong. When it comes to property division upon a
separation or death, and in other areas of the law, there is a significant
difference between a married and common law couple. Married spouses have
pre-determined rights to share in the increase in property value earned during
the marriage and pre-determined rights to receive benefits from their deceased
spouses estate.
While common law spouses may have property rights
after separation or a death of their spouse, determining those rights is not
always clear. Common law spouses do not automatically have an interest in
their home or the other spouse’s investments on separation. They have no
guaranteed right to inherit from their deceased spouse’s estate.
The fact is, in many ways, the law hasn’t caught up
with the realities of the way people form relationships.
If you are in a common law relationship you can
protect yourself by reviewing (or getting) your will and estate plan with a
lawyer. You should consider a cohabitation agreement or a ‘prenup’.
If you have separated or your spouse has passed away, and you haven’t been
treated fairly with regard to the sharing of assets, then you should also meet
with a competent lawyer to find out what your rights are and whether there is a
remedy for you.
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