Difference between common-law couples and married couples?

[doonyc]

anyone know the difference? im totally confused, tried searching in google and wikipedia..still have this in my head :arrow: Does common-law mean married but not with legal documents?

[Siefer999]

anyone know the difference? im totally confused, tried searching in google and wikipedia..still have this in my head :arrow: Does common-law mean married but not with legal documents?
pretty much, yes.

[CheapScotsman]

married means you have gone to the department of whatever (vital statistics?), taken out a marriage license and then gotten "married" by having it (the marriage) recognized ... by a justice of the peace, a clergyman, etc.

common law means you are living with somebody else in relationship. From a practical point of view this means you are have to do taxes together but, since you are not "legally" married, take approrpriate steps to ensure joint access for wills, doctors info, hospital visits, bank accounts, etc.

[kinggori]

Good question dooynic, I'd love to know the difference too. Could common-law couples be actually married?
:arrowu:

[CheapScotsman]

:arrowu: From a legal point of view, married means you have the license and have had it solenized (recognized by judge, marriage commissioner, cla

Common law means you are not married ... but are in a cohabitating relationship ... so you can't be both ...

From a practical side, being married gives you some additional rights / responsbilities which are different that being in a commom law relationship.

[FastFokker]

You'll find on most forms, there is "Married" and "Common Law" selections... some accept CL as a form of marriage, others do not.

[yelworC_]

Difference example:
1. Marriage
A has a house.
A & B get married, no prenuptial.
A & B get divorced.
B gets portion of A's house.

2. Common-law
A has a house.
B starts living with A
After getting status of common-law partners (afaik living under same roof & sharing address for at least a year) they split.
B doesn't have any right to A's house.

[FastFokker]

In the case of splitting up, common law partners do have some rights..

I recall reading a while ago about a woman who lived common law with her husband for years, they split up and she sued him for compensation. She actually won too.

[chickenbones]

Difference example:
1. Marriage
A has a house.
A & B get married, no prenuptial.
A & B get divorced.
B gets portion of A's house.

2. Common-law
A has a house.
B starts living with A
After getting status of common-law partners (afaik living under same roof & sharing address for at least a year) they split.
B doesn't have any right to A's house.


I don't think it's as clear cut as that. Common-law spouses have almost the same rights as married spouses. I think the number of year together is a factor as well.

[hagbard]

anyone know the difference? im totally confused, tried searching in google and wikipedia..still have this in my head :arrow: Does common-law mean married but not with legal documents?

The common-law ones are the ones with smiles on their faces. :)

[danfromwaterloo]

Ok folks, difference between common law and married are numerous, but here's the highlights:

In the case of a common law marriage, this takes effect after one year of cohabitating together and presenting yourself and your significant other as a couple. If you've lived with a member of the opposite sex for a year, you needent worry - it only applies if you present yourself as being a couple for a full year. As stated previously, you're not "married" as you haven't filled out a marriage certificate, but you're entitled to tax benefits just like a married couple. When you break up, each party keeps that which they entered the common law marriage with, and split that which was collected by both. In an official marriage, you're really married (cause you have a licence) and what you and your significant other have, you must split on divorce. Also, there's the possibility of alimony on breakup. Common law does not.

[chococrazy]

For common-law and same-sex partners, the Family Law Act provides that an individual may be responsible for the support of his or her ex-partner if the partners have a child together or if they have cohabited continuously for a period of not less than three years.

from: http://info.lawyershop.ca/family/index.php/archives/2005/09/30/common-law-marriage/

You can draw up a co-habitation agreement that states what will happen if you break up after three years. However, I believe that you cannot talk about child support, and that any co-habitation agreement becomes null and void once you have a child.

Also note that if you get married, I believe your co-habitation agreement is still valid during your marriage, so you should make changes if you need to.

[gretzky99]

If I were to have a relationship with two women at the same time and we all live together for > 1 yr, is it possible I can declare BOTH of them as my common law spouse?

[chococrazy]

LOL.

Uh.. I dont think so. I'm pretty sure you can only have one common law spouse at a time :)

But I think you can declare yourself the envy of many men :lol:

[najibs]

If you've lived with a member of the opposite sex for a year, you needent worry - it only applies if you present yourself as being a couple for a full year.

What if the other person presents you both as a couple, but you don't agree to being a couple, but she insists you are? :cheesygri

[gretzky99]

LOL.

Uh.. I dont think so. I'm pretty sure you can only have one common law spouse at a time :)

But I think you can declare yourself the envy of many men :lol:

Ok, but aren't you automatically deemed to be in a common law relationship if you are living together for a year or so?
Who decides who is in a common law relationship?
I can say Girl "A" is my common law spouse, but Girl "B" can say I am her common law spouse.
So which one is correct?

[najibs]

I can say Girl "A" is my common law spouse, but Girl "B" can say I am her common law spouse.
So which one is correct?

The one that YOU agree with, is correct, because you can't agree to both :D

[Shook1s]

Difference example:
1. Marriage
A has a house.
A & B get married, no prenuptial.
A & B get divorced.
B gets portion of A's house.

2. Common-law
A has a house.
B starts living with A
After getting status of common-law partners (afaik living under same roof & sharing address for at least a year) they split.
B doesn't have any right to A's house.


Not True.

Common law can get nasty. If A owns a house and B moves in. B cannot claim for the house but B can claim that anything he/she put into the house (upgrades, repairs, etc) That can add up fast.

Also, Common law has some odd rules like if A gives B a gift it is ASSUMED that B will be Compensated.

Just my two (from having people close to me go through this).

[chococrazy]

Not True.

Common law can get nasty. If A owns a house and B moves in. B cannot claim for the house but B can claim that anything he/she put into the house (upgrades, repairs, etc) That can add up fast.

Also, Common law has some odd rules like if A gives B a gift it is ASSUMED that B will be Compensated.

Just my two (from having people close to me go through this).
That is why a cohabitation agreement is a good idea.

I just drew one up from samples I found on the internet. I've put in who is responsible for what expense (mortgage payments, condo maintenance fees). I've indicated that our bank accounts are our own, except for our joint account which will be split 50/50. I've also indicated some big items that we have purchased together. If we had anything of great value, we would have listed it in there as well as being solely owned by the person.