What do you think of common law relationships?

@winterose (39887)
Canada
January 21, 2009 10:37pm CST
You are living in a common law relationship, perhaps you have been together and for over 10 years, you have young children and your common law partner leaves you high and dry. Oh your mad and your gonna get back, you want the house and the car so you can raise your kids properly, why should you have to leave the home, he cheated not you. so you go to court to fight it out, guess what you don't have the rights of a real wive in most states and in Quebec Canada, read this information piece (not a referral) to see what you actually do get http://www.associatedcontent.com/article/1403579/what_you_need_to_know_about_common.html?cat=17 have you ever been in a common law relationship? Would you ever consider one? Do You know you legal rights in the province or State you live in?
13 people like this
24 responses
@cynthiann (18602)
• Jamaica
22 Jan 09
Hi winterose - I know nothing about Canadian law but in my country all common law realtionships are recognised legally. There is no stigma attached to children like their use dto be and all children are recognised. It is wrong that after so many years of living with a oartner that the relaionship is not recognised by the law. The women should be protected along with the children. The laws of many countries seem to favour the men more than the women. Blessings
4 people like this
@winterose (39887)
• Canada
23 Jan 09
that is great hon, my x is from barbados
1 person likes this
• United States
22 Jan 09
I am not in favor of common law situations. A lot of what you pointed out is why I think they are not too good. While I don't approve on religerous grounds to living together there are a lot of other reasons why I don't think its too good. One of them is NOT having the same spouseal rights. Especially if there are children involved. If you are going to live together without legal status you should keep very careful records and recipts of money spent. Without the legal it is easier to walk away but it is also a lot easier to get taken advantage of. That easy to walk is part of why I don't think its a good idea. With the legal comitment the people involved may make more of an effort to get along.
4 people like this
@winterose (39887)
• Canada
23 Jan 09
i in every three marriages break up in divorce, it is not a detriment to walk away even if you are married.
@annjilena (5618)
• United States
22 Jan 09
here if you are in common law marriage the mate is entitle to half of the access the mate has rights here in commom law marriage.plus whoever get the kids are entitle to child support.
@winterose (39887)
• Canada
23 Jan 09
you live in one of the 9 states that recognizes common law marriage but the rest of the states do not.
@ElicBxn (63594)
• United States
22 Jan 09
Well, Texas has a kind of common law marriage thing. Used to be more like real marriage even without any paperwork, but now it needs some paperwork. Having said that, you still have more rights in Texas than in many other states in the U.S. and probably other nations where the laws were drawn up when there were more influences of the churchs in the lawmaking. Let's face it, Quebec laws would probably be consistant with French and at that time it was heavily influenced by the Catholic Church. After all, Quebec is more than just still the most Francophone of any area on the main land Americas. There are some islands that speak a creole of French, Haiti for example.
3 people like this
@winterose (39887)
• Canada
23 Jan 09
texas is one of the 9 states that recognize common law marriages, quebec you are right goes by the french napoleonic code, but the rest of canada has different laws regarding this as the link says because it is provincial jurisdiction and not federal
1 person likes this
• United States
22 Jan 09
I was with my boyfriend for seven years and we have two young daughters but I never felt that it was the right time to get married and something always kept me from doing it and now I am more than glad I didn't. He has done several things recently that have made me question whether I should have ever been with him and I am currently trying to find my own place and am planning to go out on my own. In my case though it was better since I don't have to fight to get divorced and I don't have to fight for my kids or anything else. I can take them wherever I chose to and there is nothing he can do unless he comes up with enough money to fight me in court. I would never take them away from him as they are close but it makes me feel better knowing that they can go with me wherever I go and he can have them every other weekend or whatever I decide.
3 people like this
@winterose (39887)
• Canada
22 Jan 09
is he going to pay child support?
2 people like this
• Canada
22 Jan 09
alyssakenzie Unless you go to court and get sole custody there is nothing you can do abotu him taking and keeping the kids from you. I just went through this with my daughter. AND my sister's ex has taken off with her daughter before and when we called the police about it we were told that because there is no court papers in place they will not take my niece from him and give her to my sister. You would be smart to apply for custody even before you leave.
1 person likes this
@CRIVAS (1815)
• Canada
22 Jan 09
I was in a common law relationship for many years before my husband and I got married. In the province where I live common law relationships do have the same rights as marriages, and I am glad. I think that if you have been together for a long period of time, you should basically get the same treatment. I also think that it isn't fair that other places don't see it this way.
3 people like this
@winterose (39887)
• Canada
23 Jan 09
thanks for posting strawberrykisses
• Canada
22 Jan 09
You should read this http://www.divorcemag.com/articles/Divorce_Law/commonlawCAN.html Common law has no rights in Canada anymore.
1 person likes this
@mtdewgurl74 (18151)
• United States
22 Jan 09
That is one reason that I wouldn't consider a common law marriage. To accumulate things while your marriage is a given but to leave with just what you came into the marriage with isn't good. I too think they should be updating some laws, we have a few that needs updating also and other countries as well. The state I am in has no laws about common law husband and wife. At least that is what I was told by a cousin who has been with her boyfriend for over 5 years. Cause I was joking with about it and she says not in Kentucky that they don't have it to where it is considered common law when you live with someone for that length of time. They have one child so far. I think that a least the kids should be protected in this and at least be supported that they should be able to receive child support so they wouldn't have to live in dire distress because of a breakup of their parents. And enough to cover housing,clothing,needs and food.
3 people like this
@winterose (39887)
• Canada
23 Jan 09
only 9 states recognize it
@cutepenguin (6431)
• Canada
22 Jan 09
Well, we're not common law anymore, but I should think that if you got a good lawyer, it doesn't matter if you don't have the rights of a wife, your kids still have rights as the offspring. Anyway, here, after a certain period of time, it is the same as common law, so you'd get half of everything if you split up. The part that I think is different is inheritance - you wouldn't automatically get everything.
2 people like this
@winterose (39887)
• Canada
23 Jan 09
lawyers will only be able to get you what is allowed by law they are not above the law just because they are lawyers, lots of people think they are protected are you sure? there are only 9 states that recognize common law marriages in the usa
@winterose (39887)
• Canada
23 Jan 09
apparently you are in b.c. and I just looked it up, no you are not entitled to every thing because b.c. does not recognize common law marriages. The Automatic "Marriage" It is not true that a common-law couple are automatically married once they've lived together for a certain amount of time, nor is there any such thing as a "common-law marriage." You can have lived together for twenty years and still not be legally married; a common-law couple is never married unless there is an actual marriage ceremony performed by someone licenced for that purpose. there are several sites but they all say the same here is the link to this one. http://www.bcfamilylawresource.com/09/0900body.htm
• Canada
22 Jan 09
From what I have read before all of canada except saskatoon and the NWT do not give common law any rights because people were abusing it. It happened to use when I was about 13 my mother dated this guy for a while and he moved in then 2 weeks later he moved out and called the cops and said a bunch of stuff was his and my mom had to give the stuff to him even though we had it when we moved to the place a year earlier. "Property rights Parties who live together as if married have no property rights under the Family Law Act, so that there's no statutory entitlement to sharing of assets if they separate. Parties who live together may have property rights against each other based on the same legal principles that govern property rights between any unrelated people. This law is founded on the idea of compensating a person for the contribution he or she makes to the property of another, by imposition of a constructive or implied trust from the recipient in favour of the contributor." and here's the link to it http://www.divorcemag.com/articles/Divorce_Law/commonlawCAN.html If you do not plan to have kids with the person then I don't see it being a big deal but there is always the chance that a judge will award you part of his or her belongings/property depending on how long you lived together and how much you contributed to the property.
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
not sure that a judge can grant what is not accepted by the law, though, however that would be easier under the common law system, here in quebec the law would have to be changed first.
• Canada
23 Jan 09
Judges do it all the time. If you have been in a common law marriage for 20 years and you paid at least half of the house payments and you can prove it then I see no reason that a judge would not grant it.
@Lakota12 (42600)
• United States
22 Jan 09
thats a darn shame! FO rin some states here you ar common law if ya spend one mnight togerther. And some do consider you as married. BUt then again that was years and years ago it might have change by now. Yup I have been a common law wife but soon we married think my daughter was 2 at teh time. Some times y ahave to under certain cercumstances. BUt then wehn ya can ya marry!. Funny what a little peice of paper does!
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
yes only 9 states recognize common law marriages now.
@Lakota12 (42600)
• United States
23 Jan 09
ok
• United States
22 Jan 09
Since I don't want children, I guess this common law relationship is what I will wind up in one sometime. I won't mind because I don't want a house, I would want to rent a apartment. I like the idea that whatever I bring in I get to take out at anytime. with a marriage, it isn't that easy. But now I can see why many gay couples Need the right to marry. Unlike me, they have children and they co own houses with their loves and they need to protect their assets.
3 people like this
@winterose (39887)
• Canada
23 Jan 09
yep and the family home is always a big issue
1 person likes this
@worldwise1 (14885)
• United States
22 Jan 09
I have a definite opinion about common law relationships, winterose. I was in one for about 20 years and I would not recommend it for anyone. Common law marriage was abolished in my state back during the '80s. Many people don't know the rules that apply to this type of arrangement. I learned some years down the line that I was considered to be in a common law marriage, and when the problems with my partner began he had rights that I didn't necessarily agree with. It is my understanding that following our breakup neither of us would be free to enter into a legal marriage unless we went through the process of getting a divorce. This has not mattered to me as I had no intention of ever marrying again. Thinking back, I believe it set a poor example for my children and grandchildren, but my children were not small when I entered into the relationship. My conclusion is that if two people really are committed to one another they should do it legally - although I am sure there are some who would disagree with me.
2 people like this
@winterose (39887)
• Canada
23 Jan 09
thanks for you response hon and adding to this discussion
@pergammano (7682)
• Canada
22 Jan 09
Yes, winterose, in British Columbia, the period of time, until 2000, was 2 years of cohabitation! In early 2000, it changed to 6 months! Yes, my last relationship was common-in-law, and it lasted for 11 years, but before the gentleman moved into my home, my property, used my vehicles, etc., I got smart and had something like a pre-nuptial drawn up and notorized! All of my possessions were listed, previous to his arrival, as well as what he brought into the situation! I was diligent about keeping expenses straight! I was the one that would stand to lose in this situation, because I owned my home, etc., so I did the "C.Y.A.!" thing! Cheers!
2 people like this
@winterose (39887)
• Canada
23 Jan 09
good for you I am glad that you are good all of that sorted out
1 person likes this
@Ravenladyj (22902)
• United States
23 Jan 09
In ontario as far back as 1995 it was 6mths PLUS a child together and though one didnt have the SAME rights as a married couple we had rights none the less as a common law spouse.. You are right too there are no guarentes just like with marriage really..I guess bottom line (IMO anyway) is that it depends on the couple and each person individually...I'm legally married and if my hubby and I were to get divorced I wouldnt want the house etc....I'd want to leave with whats mine and what the kids and I came into the relationship with plus things we've aquired since like our computers my homegym etc and enough cash to keep us goin until I could get a job etc..and I'd want to keep our status here in the U.S....LOL I told my hubby give me 15 000 and its a done deal..I dont want any of his 401 K I dont want monthly support of any kind etc etc..
• Canada
23 Jan 09
WOW! winterose, Thank You, so very much! You really made my day, and I needed it after what happened to my son! I would seriously suggest anyone getting into a Common-Law relationship, look after their own selves...as there are NO guarantee's in this world, and if perchance it goes awry, it somehow takes some of the bumps out of the road! Mind you, this came with maturity...and a failed marraige, with a very entangled divorce! Thank you, my dear....cozy up...both of us are in for more snow this weekend!
• United States
22 Jan 09
I have happily been in one for 15 yeras. We have two wonderful children. I really do not think we will ever get married. But then in my country and state I am considered common law so I would get the same rights as a "legal" wife. I really do not think I need a fancy piece of paper to tell me I have a vaild relationship.
2 people like this
@winterose (39887)
• Canada
23 Jan 09
good for you hon
@Ravenladyj (22902)
• United States
23 Jan 09
I've lived common law a couple of times and in Ontario the laws are actually quite fair as far as I'm concerned..BUT I'm not the type of person who, when the relationshp ends, wants this that and the other...It just not my thing ya know..if however I wanted to "get mine" after a common law split it would have been fair as far as the legal aspect of it..however tryign to get anythign out of my ex was always like trying to get blood from a stone
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
yes that is very true, getting anything out of them can be hard even with the law behind you.
@irisheyes (4370)
• United States
23 Jan 09
No, I've never been in one and I think they are risky regarding property and other rights. However, I have noticed that for some reason, common law relationships seem to out last legal marriages. Can't figure out why that is but it is definitely the case.
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
yes in some cases they do,
@jeanniemay (1798)
• Philippines
23 Jan 09
Hi Mommy Rose, common law marriage is not allowed by the laws of my country. However, by practice, it is common here. LOL. With several cases - - before any marriage however, most of the powerful and rich women in my country go into a pre-nuptial agreement stating all their terms with regards to properties and earnings accumulated within the period of soon to be marriage. I am thinking, maybe, they got into full understanding of who their spouse attitude and character with regards to those terms the reason for some pre-nuptial agreements. Do I admire them for going into a relationship prohibited by laws of my country before marriage? Yes, and I agree. You will be tied to someone you will be with for most of your life if not the rest of it and who knows, you have to protect those that you have worked for. We cannot rely on love staying loyal nowadays, people change and so are circumstances. JNY
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
thanks sweetie for your comments
@sid556 (30960)
• United States
23 Jan 09
Common law rights are nothing at all. I lived with a man for years and push come to shove....when he got sent to the emergency room...the hospital could not talk to me as I was not his "family". I was they mother of his child but not his family. When his schitzophrenic brother came to live with us...I called and just want info on how to best deal with him. We did after all have children in our home and the state released him to "our" custody and knowing that I would be the one home with him most of the time. Again...I was not family and they could not speak to me. His brother thought my concerns ridiculous...he was harmless after all. He told me that he considered chopping my brother up with a machete...God told him too but then he recognized him. He once left a message threatning to cut someone of us up slowly and painfully starting at the feet. For the most part...he was a nice but very tortured guy....I was not comfortable at all in the situation and would have appreciated a bit more insight. I left in the end and for reasons other than that. Even tho I picked out and helped pay for the house we lived in...I had no entitlement at all...he was the owner. I left with nothing but my kids and our personal possesions which did not include beds etc. I don't regret it. When things are that bad....it is a relief just to get away. I actually was grateful that we were not married....made the break that much easier.
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
thank you hon for your comments so many people just do not realize any of this and they should know what they are up against.
@izathewzia (5134)
• Philippines
23 Jan 09
I don't know much about the rights in common law rlationship. I am married for seven years now and so far our relationship is going strong. We have three children and yes we are saving for their future. On my part, I am also saving on my own so when worst thing happens, we get separated which I am praying not, I have a money to support my children.
@winterose (39887)
• Canada
23 Jan 09
good for you, thank you for responding to my discussion
@gemini_rose (16264)
23 Jan 09
I think in UK they are trying to change the laws of the rights of common law relationships because of that. I am married which in my opinion for me is the best thing because if worst comes to the worst at least me and the children will have a roof over our heads and I will have rights to the amount of money he has to give me!!
1 person likes this
@winterose (39887)
• Canada
23 Jan 09
yes it is definitely better.