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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-19-2010, 12:45 PM
Tayste Tayste is offline
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Default Death in common law relationship

What happens to the children of a common law relationship when the parents dies? Also, what happens in the event of that the common law partner decides to sell the house while having the children from the deceased partner living in the same household? What rights and protections do they have so they do not end up homeless especially in the case of no will?

Please help
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Old 05-19-2010, 02:48 PM
dinkyface dinkyface is offline
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First, a child born outside of marriage has the same rights to support/parenting as a child born within a marriage.

This support is also considered the right of THE CHILD, not of either parent. So, I'd think that regardless of whether a will exists, or what the will states, the surviving parent can make a claim on the deceased parent's estate in order to secure support for the child. But how a reasonable amount is determined, I have no idea, sorry.

Separate from the child support issue: When a common law union breaks down, the assets are split based on some equitable laws, according to what assets (or liabilities!) each partner brought into the union, and what they contributed (or wasted!) during the union. BUT, I don't know it these same rules apply if one common law partner dies....
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Old 05-19-2010, 05:20 PM
billiechic billiechic is offline
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Please clarify. Did the parent of the children die? Is the common law partner trying to keep the kids (and support them). I do not understand.

Where is the other parent? Do the kids have contact? Normally they would automatically go under the other parents care, unless there have been provisions made already. Did the deceased parent have plans for the children in case of death?
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Old 05-19-2010, 10:13 PM
BitHunter BitHunter is offline
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OMG, she is planning to kill her common-law husband!?!?
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Old 05-19-2010, 10:34 PM
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Quote:
Originally Posted by rszalai View Post
OMG, she is planning to kill her common-law husband!?!?
What a guess
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Old 05-19-2010, 11:16 PM
BitHunter BitHunter is offline
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Sorry, I'm going through a nasty divorce.
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Old 05-20-2010, 07:22 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Tayste View Post
What happens to the children of a common law relationship when the parents dies? Also, what happens in the event of that the common law partner decides to sell the house while having the children from the deceased partner living in the same household? What rights and protections do they have so they do not end up homeless especially in the case of no will?

Please help
That is the reason for a will and trust funds etc. I cannot stress enough how important wills are. The age of the kids will matter I would think. A 20 year old still living at home is more able to take care of themselves vs a 5 year old. If the child is a minor I would think they would go to the other bio parent or if that is not possible an aunt, uncle or some other relative who is willing to take them in. I think it would all depend on how long the partners were together. If it was for a short time like a year then how can the living partner be expected to look after the deceased partners kids??

The kids in any event would not end up homeless, they would go into foster care unless a relative or a friend was willing to take them in.
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Old 05-20-2010, 07:40 AM
spiritflower spiritflower is offline
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Quote:
Originally Posted by rszalai View Post
OMG, she is planning to kill her common-law husband!?!?
OMG....you MUST be going through a nasty divorce...lol

Such a very sad thread. I really feel for these kids.
Please let us know how it turns out.
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