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Old 12-11-2007, 11:42 PM
Duped Duped is offline
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Talking Married and a common law


The other day I was sort of day dreaming during a 4-way meeting when my ex (separated August 12, 2005) said "my common law husband and I". At that point I snapped out of it to see a twisted look of confusion on the faces of both our lawyers.

Can someone that is still legally married be common law with someone else?

Just curious, thanks

Old 12-13-2007, 09:06 AM
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Absolutely, but remember the laws governing CL differ significantly from legally married.
Basic difference, if either partner dies the other does NOT automatically inherit the others things/possessions unless there is a will. Similarly if there is a break down in the relationship equalization of property is also not an automatic unless there was a co-habitation agreement.
Don’t forget Mr. Tax Man.
The only thing that is the same whether married or CL is if there are children as a result of the union, IE child support etc laws all apply, but Spousal does not automatically apply.

There are many differences; these are the primary ones that come to mind.
Old 12-30-2007, 01:54 PM
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I wasnt going to say anything but I have to........I am currently living with someone who is still married to someone per our lawyer we can never be considered common law until he is legally divorced.....that would be considered pilgamy........there is a grey area there and to clarify it we asked a lawyer prior to purchasing our house.....for the house we are considered tenants in common and his ex (still legally wife) has no interest in the house nor can she for the tax man there is nothing........we file as we always have (me=divorced, he=separated) with same address and what tax implication.......therefor you can be married to someone else BUT cannot be considered common law at same time.......
Old 12-31-2007, 09:24 PM
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WOW Thats a information Littlman.Do you have any idea what if the couple(female divorced and male only separated) bears a child together.Then will they be considered commonlaw?I will appreciate the answer

Old 01-01-2008, 06:21 PM
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in the opinion of my lawyer even if children involved and one of the couple is still legally married you cannot be considered common law whereas that constitutes pilagamy........children or no children comes down to same cannot be legally "married" (CL or on paper) to two people at one time......
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