Common law relationships are those relationships that are similar to marriages; however, the two partners are not married, but are simply living together. In the case that you are in a common law relationship and you decide to split with your partner, the way that your property is divided all depends on your specific circumstances. Here's what you should know about how separation works in a common law relationship should you enter one or if you are interested in leaving your current partner:
A Strong Claim Involves Strong Interest in Assets:
When living together in a home that you helped your partner purchase or improve, then you are probably going to have a strong case when it comes to dividing that property. This is especially true if you have any children together. Of course, you are going to have to prove your interest in the assets of your partner by showing financial statements that verify help in purchasing or improving a property. If you provided any services to your partner while living together, such as caring for his or her children while they were working, then you may have a strong case here, as well, since you will have contributed to your partner's ability to make a stable living to be able to continue to pay for the home and any improvements.
Collaboration is Best:
If you have a family attorney on your side, you may be able to hold a strong case that you can take to court. If so, the judge would decide how much interest you have in assets and thus how much you deserve. However, collaboration is usually best. If you and your partner can reason together on how the property will be divided, then you will have a better chance of getting what you actually want out of the case. During the process of collaboration, you both may want to have a professional attorney present, like those at Harold Salant Strassfield & Spielberg, so they can record and help mediate the session. This is helpful should the case ever have to go to court in the future.
Child Support and Custody is the Same:
Whether you are married or in a common law relationship, child support and custody involves the same process. Spousal support will come into play as well if you have children.
Knowing how a common law relationship separation works, you can better understand how it should be handled on your end to guarantee that the outcome works out at least somewhat in your favor.