Whats the time span on Common law husband/wife thingy? I mean how long do you have to be with someone before you can call them your Common law spouse?
Thank you.
Thank you.
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quote:Originally posted by Moonbeams:
Whats the time span on Common law husband/wife thingy? I mean how long do you have to be with someone before you can call them your Common law spouse?
Thank you.
I'm not sure a "Common Law Spouse" is recognised by the law.
Sorry moonbeams - but I don't know - would like to know as far as my kids and their OH's are concerned too.
I'm pretty sure you're right about that. So the answer to the question would be, I would imagine, is anytime you like.quote:Originally posted by Hotpants Helen:quote:Originally posted by Moonbeams:
Whats the time span on Common law husband/wife thingy? I mean how long do you have to be with someone before you can call them your Common law spouse?
Thank you.
I'm not sure a "Common Law Spouse" is recognised by the law.
I've been trying to understand it but its just so confusing.
I was always of the understanding there is no such thng. But when my friends relationship ended even though he owned his house before he met her, he had to give her half the value.
I don't know why, but I seem to recall somebody telling me ages ago that after a 2 year period both parties have certain legal rights pertaining to property etc. I'm not sure though! 
I'm going to have to talk to a lawyer. The house is sorted, he goes its mine I go its his we split it's split. But what about the other stuff?
That common law thingy is widely misunderstood and I don't think it applies anymore ... if it ever did. If it's about wills and stuff then you need to write one properly even if you're legally wed. Things are not as clear as one might expect; it doesn't all necessarily go to the spouse if one dies without a will.
quote:Originally posted by Moonbeams:
I'm going to have to talk to a lawyer. The house is sorted, he goes its mine I go its his we split it's split. But what about the other stuff?
Hi Moonbeams, send a PM to Danisgreat - she was training to be a lawyer years ago (on the old forum, I remember her saying); not sure what her speciality is but it's worth a try!
Good luck!
quote:Originally posted by Daniel J*:
That common law thingy is widely misunderstood and I don't think it applies anymore ... if it ever did. If it's about wills and stuff then you need to write one properly even if you're legally wed. Things are not as clear as one might expect; it doesn't all necessarily go to the spouse if one dies without a will.
Yeah thats what I thought.Wills it is then Joy.
And thanks Barolo.
I'm not even going to start wondering about 'next of kin' issue.
*sighs*
*sighs*
No idea!
Beamers
Beamers
quote:Originally posted by Moonbeams:
Yeah thats what I thought.Wills it is then Joy.
Everyone should make a will even if they haven't got much. Not having a will causing the peeps left behind loads of hassle and delay sorting stuff out.
I hear what you're saying DJ, its just getting round to doing it.I did bring it up when we bought the house. Gonna have to get onto it again.
HI ya watts
HI ya watts
I thought it was 5 years.....but I dont know where I heard that so best ignore me! 
hth!
hth!
quote:Originally posted by MoFo:
I thought it was 5 years.....but I dont know where I heard that so best ignore me!
hth!
trouble maker.
its mix n match legal rights I think
in terms of owning a home together, it depends if its in both your names or not. if it is only in one persons name but there is a papertrail that can prove you contribute towards the mortgage I think that gives you some come back, but not alot.
When I owned my first flat, my dad guarantored (sp) it for me. Cos my bf moved in my dad made me take out a first charge on the property, meaning when it was sold so much of the money had to go to him first (to protect my money)
in terms of owning a home together, it depends if its in both your names or not. if it is only in one persons name but there is a papertrail that can prove you contribute towards the mortgage I think that gives you some come back, but not alot.
When I owned my first flat, my dad guarantored (sp) it for me. Cos my bf moved in my dad made me take out a first charge on the property, meaning when it was sold so much of the money had to go to him first (to protect my money)
Thanks ditty. 
Common law marriage or de facto marriage,i would say if a couple have lived together for 2 to 5 years or longer. but under current laws a common law spouce would still have no automatic rights, In fact common law marriage did exist in the past but this was abolished in 1753.
this might help common law
2 years I believe.
Also I was told it was, you leave the relationship with your personal belongings and things you entered the relationship with, everything else is meant to be sorted through small claims court.
Also I was told it was, you leave the relationship with your personal belongings and things you entered the relationship with, everything else is meant to be sorted through small claims court.
As far as I am aware it is not recognised by law at all - might be worng just going by my daughters experience when she split with her ex partner that is now her partner again - Dont go there!!