Is this a legit Common Law status claim???

[Valiant]

Is it legally feasible for a married woman to claim for Common Law status against a widower that she was having an affair with after he dies. The woman still had an active relationship with her husband but lived with the deceased for at least 3-5 years. The woman and the deceased carried on a relationship while telling the husband that the deceaseds wife was in a home and not dead at all.

[billm]

What is the purpose for the common law status? Obviously money - but what is the claim for money? How does this cheating (on 2 levels) woman deserve money?

[heydynagirl]

Bill you are absolutely right it is about money. She is claiming commonlaw status to obtain the insurance policies even though she was not a beneficiary or listed anywher in the will. She is asking also for the survivor pension from CPP, and support from the widowers two childen for 10 years. As Valiant said, she still has an active relationship with her husband including filing joint taxes, joint benefit packages, etc.

[Mess]

A black widow. Check her whereabouts the night he died.

[Miss.Stepmom]

If she lived with him for more than 12 mths (in ontario) in a conjugal relationship then they are considered common law.

[Valiant]

Mess.......That's another story!

[Valiant]

Miss Stepmom. What is your definition of conjugal? In Ontario I believe it is 2 years. They always denied it (congugal, the sex part) but I am sure it can be proven. The question remains, were they in a common law relationship or just having an affair? How in the world can you apply for common law status if you are legally married to someone else and everything identifying you is linked to your husbands address?

[doingitright]

that question has make me wonder a lot...even for tax purposes... how can a lady claim in court she is in a common law marriage if she is still married (and receiving benefits from that marriage... her husband claim her and their daughter as a dependents... they get benefits like dental care, insurance and maybe tax benefits since the husband has dependets....

to be in a common law marriage a person must have A LEGAL CAPACITY TO MARRY... the question is, can a married person have such legal right...

i think it is imoral..one needs to close the deal with the previous partner to start a new relationship... to me it is a blatant case of POLIGAMY....

and it is also a tax problem... since you are trying to get benefits from 2 husbands...

you are married to A to get hhis benefits and you are married to B to get his benefits....

what legal systme is this::::

[Valiant]

It is a ploy to get settlement money and assume we will not spend the money on lawyers to fight it.

[Miss.Stepmom]

Originally Posted by Valiant

Miss Stepmom. What is your definition of conjugal? In Ontario I believe it is 2 years. They always denied it (congugal, the sex part) but I am sure it can be proven. The question remains, were they in a common law relationship or just having an affair? How in the world can you apply for common law status if you are legally married to someone else and everything identifying you is linked to your husbands address?

Common-law partner
A common-law partner applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
a) has been living with you in a conjugal relationship for at least 12 continuous months;
b) is the parent of your child by birth or adoption; or
c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c)) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.
Note
The term "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.