Family Law
What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?
A commonlaw spouse may not have an equal right with the other spouse to:
- live in the matrimonial home;
- an equalization of property acquired during their relationship together.
He or she may have only the property of which they can show personal ownership.
On the other hand, a court will consider the contribution of one of the spouses to the matrimonial home or to the assets acquired during their relationship together, and the longer a couple has been living together, the stronger are the remedies available.
Rights to child support are similar to those for married parents.
A claim for spousal support requires that the parties have lived together continuously for five years and must be made within one year of separation.