Kara Sears
If you are in a common-law marriage and you decide to get a divorce, the law will require that you either come to an agreement regarding the home and its value or you will remain co-owners of the home. If a person is solely on the title to the property, the common-law spouse does not have the right to have the home put in their name. However, the common-law spouse may be able to demonstrate that they provided some value to the property that would justify them being repaid for that effort.
| Characteristics | Values |
|---|---|
| Common law couples' property rights | Only as far as their title interest goes |
| Common law spouse's rights to the home | Depends on the title to the property |
| Common law spouse's claim to the home | Depends on whether they provided value to the property or whether there was an agreement between the parties that value from the property would be returned to them |
| Common law marriage and home ownership | If the couple decides to get a divorce, the law requires that they either come to an agreement regarding the home and its value or they remain co-owners of the home |
What You'll Learn
- Common law couples only have property rights as far as their title interest goes
- Common law spouses will have to demonstrate they provided value to the property to justify being repaid
- Common law spouses are not entitled to own the home on separation
- Common law couples can come to an agreement regarding the home and its value
- Common law couples can be left as co-owners of the home
Common law couples only have property rights as far as their title interest goes
However, the common-law spouse can demonstrate that they either provided some value to the property that would justify them being repaid for that effort (constructive trust), or that there was some agreement between the parties that value from the property would be returned to them (resulting trust). These two remedies are based on the principle of unjust enrichment.
If a common-law couple separates, the law will require that they either come to an agreement regarding the home and its value or it will leave them as co-owners of the home.
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Common law spouses will have to demonstrate they provided value to the property to justify being repaid
Common law spouses do not have automatic property rights to the matrimonial home. If a person is solely on the title to the property, the common law spouse does not have the right to have the home put in their name. However, a common law spouse can demonstrate that they provided some value to the property that would justify them being repaid for that effort (constructive trust). This is based on the principle of unjust enrichment. For unjust enrichment to be established, there must be an absence of any juristic reason for the enrichment.
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Common law spouses are not entitled to own the home on separation
However, the common law spouse will have to demonstrate that they either provided some value to the property that would justify them being repaid for that effort (constructive trust) or that there was some agreement between the parties that value from the property would be returned to them (resulting trust). These two remedies are based on the principle of unjust enrichment.
If you are common law married and you decide to get a divorce, the law will require that you either come to an agreement regarding the home and its value or it will leave you as co-owners of the home.
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Common law couples can come to an agreement regarding the home and its value
If a person is solely on the title to the property, the common law spouse does not have the right to have the home put in their name. However, the common law spouse will have to demonstrate that they either provided some value to the property that would justify them being repaid for that effort (constructive trust) or that there was some agreement between the parties that value from the property would be returned to them (resulting trust). These two remedies are based on the principle of unjust enrichment.
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Common law couples can be left as co-owners of the home
In the case of separation, the common law spouse will have to demonstrate that they either provided some value to the property that would justify them being repaid for that effort (constructive trust), or that there was some agreement between the parties that value from the property would be returned to them (resulting trust). These two remedies are based on the principle of unjust enrichment.
If common law couples cannot come to an agreement regarding the home and its value, the law will leave them as co-owners of the home.
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Frequently asked questions
No, a common-law spouse is not entitled to own the home. However, if the common-law spouse can demonstrate that they provided value to the property, they may be able to claim some of the value of the home.
If the common-law wife is on the title of the property, she will have property rights and may be able to claim the house.
If a common-law couple separates, they will either have to come to an agreement regarding the home and its value, or they will remain co-owners of the home.
It is possible to buy a house with a spouse, but it is important to understand the legal implications, especially if the couple is not legally married.
If the common-law wife is the sole owner of the house, she may be able to sell it. However, if there are co-owners, all parties will have to agree to the sale.
