Common Law Spouse

Our man in Havana

What excatly is the definition of Common Law spouse? Is it just a man and a woman living together?

Could anyone clarify this?

James

Nevyn

The term common law spouse only applies in england/UK.
There is no legal staus of a couple that live together even if they have kids in this country. Which is odd for under the guidelines for socail welfare cohabiting couples are assesed as being married but under tax law they are not assesed as a married couple.

So if a couple is co habiting and not married and either of htem dies if the home is jointly owned and deeded as a family home the surviving pseron has to pay inhertaince tax, even if there are children by the couple.

Our man in Havana

Originally posted by Thaed
The term common law spouse only applies in england/UK.
There is no legal staus of a couple that live together even if they have kids in this country. Which is odd for under the guidelines for socail welfare cohabiting couples are assesed as being married but under tax law they are not assesed as a married couple.

So if a couple is co habiting and not married and either of htem dies if the home is jointly owned and deeded as a family home the surviving pseron has to pay inhertaince tax, even if there are children by the couple.

It seems that Irish insurance companies are using this term. This must be illegal?

Beruthiel

it's a very iffy situation, what Thaed said is correct, however I have a friend who owned his own house, his girlfriend moved in and lived there for 5 years, when they split up she took him to court and filed for half the house, she got quite a bit!

I believe if you live together and share the bills then you have a case....

have you a particular reason for asking this question Mr. Bond?

Our man in Havana

Originally posted by Beruthiel
it's a very iffy situation, what Thaed said is correct, however I have a friend who owned his own house, his girlfriend moved in and lived there for 5 years, when they split up she took him to court and filed for half the house, she got quite a bit!

I believe if you live together and share the bills then you have a case....

have you a particular reason for asking this question Mr. Bond?

I was looking for a joint life insurance for me and my gf. We live together but she owns the house. I contribute money to the house. I was told by an insurance company that they only do joint policies for common law spouses. They define this as a joint mortage.

How can they use a term which is not legal in Ireland?

Beruthiel

Originally posted by Bond-James Bond
How can they use a term which is not legal in Ireland?

'cos it suits them!
and it probably costs more to insure yourselves individually

Meh

Originally posted by Bond-James Bond
How can they use a term which is not legal in Ireland?

the term "common law spouse" isn't illegal; it just isn't defined under Irish law. There's nothing stopping them defining it for themselves in a contract.

Nevyn

" however I have a friend who owned his own house, his girlfriend moved in and lived there for 5 years, when they split up she took him to court and filed for half the house, she got quite a bit! "

If she was contributing to the Morgage then it can be seen as an investment , and she can try to get that back ( well she did).


It does suit them to pick that sort of language, the thing is if you are married and you are the reciever of a payment on a joint policy ( non morguage) it is not considered an inheritance, but compensation for the loss of your spouse.

If you are married and it is a morgage cover joint policy it is not inheritance you are bing provided for after the death of your spouse ie the house is now clear.

If you are not married and cohabiting with a jointly named morgage and your partner dies and the policy clears the house you will be done for inheritance tax. Fot that person is seen as a business partner in a property investment even if the house is deeded as the family home and there are kids.

in my case we are not married with a joint morgage and a joint policy. In the case either of us dies first thier share of the house
goes in the name of our children but as the policy clears the morgage which ever of us is left may face an inheritance tax to the tune of 1/2 of what was the ammount that cleared the house.

Currently I'm not working like I said we have kids and it is thier best intrest that I am with them at the moment, so as i am not married my partner can not use my tax credits nor make any claims in the names of our children. When I was working it was not daft to be in the married tax bracket, and it will be again as i do intend to go back to work.

So we are cohabiting the house in both out names so I am not entitled nor claiming anything, not advailible for work so I am a blip no longer in the system. Which makes it harder to go back to work if I choose to take up any training . And if i go back to college any grants will be based on the household income and yet my partner can not claim me as a dependant.

if you are not married you are not considered next of kin to your partner.

if you are not married and there is a will " real " family can contest it.

if you are not married and the house is in joint names and either of you was married ,seperated but not divorced the Spouse can contest the house on the death of the person they were married to and demand the dead party's share.
( i know a case where this happened the couple had been together for 28 years and the wife got her way and the Lady involved had to sell the house and give the wife half)


if you are married and have children and as the father of those with your name is on the birth cert and living in the family home you are not gaurdain of those children and can not consent to sign anything in reguards to the children. Not even medical permission forms.
You have to apply for gaurdainship for your own kids.

Fun living here isnt it

kurant

and what to do if we got separate ?and we have joint morgage for house. but I want to leave everising for my partner and she happy with that .any leagal way to do that?

Permabear

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