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can cousins live common-law?

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  • can cousins live common-law?

    I see the word 'couple' used all the time when referring to two people living common law. I had two cousins living together, one of which has recently passed away. There was a will, but the cousin is now contesting the will saying she is entitled to half of the estate as they were living "common law". Anyone have any insight?

  • #2
    Despite how some may feel about this situation, I do know of at least two situations where cousins have married. Personally I do not agree with this, however, with that said, if they can legally marry, then I would say that the common law union status would also apply.

    How is one to contest how they lived in the home behind closed doors?
    If no one knew of the intimate relationship before, I would speculate to say that, like homosexuals, they were probably concerned with how it would be taken in the family and from the public because of the stigma that goes along with it.

    Unless someone can indisputably prove that they did not live as a married couple, then I feel she will be allowed to contest and may win depending on the length of the relationship. However, CL status is NOT like married status. There is no “automatically” joint ownership of assets, she would have to show that she owned a share in the asset, or that she contributed to it in some way, and that does not always mean monetarily.

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    • #3
      but basically if they weren't romantically involved, then common-law wouldn't apply? As they were essentially just living together in the same house, and not as a couple...

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      • #4
        Common law defn

        Doesn't seem that would fit the defn of common-law if they were just residing together as "room-mates..." Common-law spouses "couples" is a loose term but the law is clear on its defn. Conjugal relationship etc.

        If the will estate did not leave anything to that other cousin I think she is SOL. Somehow she'd have to prove entitlement (ie prove she paid all expenses and passed-away cousin owes her $$, etc).

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        • #5
          in the week before my uncle passed, he changed the will to give the cousin his house and the rest of the estate was to go to my mother. It was his wishes to give her the house, thats ok. But greed has gotten the better of her I guess, hope the courts see it through fairly.

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