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Common Law, House, and Children

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  • Common Law, House, and Children

    The other day my CL spouse and I were having a rare but brutal arguement. He informed me since he owned the house outright before he met me he would retain the house if we split up and since he was keeping the house, he would be given custody of the kids. What is the reality of this situation?

  • #2
    I could be wrong here, but unless some agreement was signed stating that, I'd believe you would be entitled to it.



    • #3
      Mom 1st,

      Please have a look at the following site re possession of the home in common law separations:

      Regarding custody of the children, I first want to point out that how custody and access is dealt with in common law separations is the same as how these issues are dealt with in the separation of married couples. This is because the marital status of the parties has nothing to do with what is in the best interests of the children.

      Your spouse retaining the house in which the children normally reside does not automatically mean he will obtain the status of primary residence for the children. However, it is possible for your spouse to argue that the home the family currently lives in is the only home the children have ever known and uprooting them could disrupt their regular schedule.

      Please keep in mind that since the court wants the children's regular routine to remain as undisturbed as possible, status quo can be a big factor in determing access to the children. As far as property division, it's always a good idea to keep your bank statements and receipts well organized. Keep tabs on major expenses for the children and any large transactions made by your spouse.



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