common law

[rustie]

what rights does a common law wife have

[Lizard]

Depends on the law of the jurisdiction. Typically, all the same rights that a "regular" wife has. Common law marriage came about because of a shortage of persons able to perform legal marriages. Normal elements are an intent to be married and holding yourselves out to the community as married. Normally there is NO time period required, although everyone in the US seems to think there is. A CL marriage can normally be created in a matter of seconds. If you are in the US, only a small handful of states recognize the formation of a common law marriage. All states recognize a common law marriage formed in a state which recognized formation at the time of formation. Commonly there is a time period in which failure to assert the marriage creates roadblocks towards establishing the marriage in a legal manner. Like if you don't assert the marriage within X years of the formation, it is presumed that no marriage was intended.

[Josey]

In the UK - pretty much none. As there is no bill of rights or similar in the UK all law is based on precedent. With regards to property rights, if a 'common law' wife has not actually bought the property there can be huge wranglings in court as to whether, say, work she did for free in the family business, can be deemed to have monetary value and thus show contribution towards the house. The case law is very complex here and has lead to judgments both in favrour and not. Regarding any children, they will have rights. But if one of you died without out a will ('intestate') neither could get anything, whereas those legally married get everything. Regarding state benefits it may be best to be single, but in all other legal circumstances it really is against you to remain un-married.

[FredPuli]

In the UK none, in effect, beyond that of any other citizen or parent. The term 'common law wife' is a misnomer in law. So, for example,when one partner dies without a will the survivor is not entitled to any of the deceased's estate unless they can establish some exceptional case in court and they are not exempt from inheritance tax on gifts to them even if there is one, unlike a spouse. (If the home is jointly owned it passes to the surviving joint owner anyway so that much at least is safe for the partner).Care should be taken to avoid these and other results.Marriage may seem easier, if unromantic to some.