What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?

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What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?

A commonlaw spouse may not have an equal right with the other spouse to:

live in the matrimonial home;
an equalization of property acquired during their relationship together.

He or she may have only the property of which they can show personal ownership.

On the other hand, a court will consider the contribution of one of the spouses to the matrimonial home or to the assets acquired during their relationship together, and the longer a couple has been living together, the stronger are the remedies available.

Rights to child support are similar to those for married parents.

A claim for spousal support requires that the parties have lived together continuously for five years and must be made within one year of separation.

Other Massachusetts Family Law FAQs

Q: What Rights Does A Married Persons Have With Respect To Property?
A: Subject to rights of spouses in real property under The Homesteads Act and provisions of The Family Maintenance Act, or provisions in any prenuptial or … More
Q: What Are Restrictions On Transfer Of Property Of Married Persons?
A: The Homesteads Act defines "homestead" as " residence…occupied by the (married) owner the owner's spouse as their home…" and gives a surviving spouse a life interest … More
Q: What Is A Separation?
A: A separation exists when a husband or wife ceases to live together with the other of them and it is doubtful if a reconciliation between them is possible. Although it … More
Q: What Happens On Separation?
A: On separation all sorts of questions arise involving obligations and possible rights of the husband and wife, including: right to remain in the matrimonial home, with … More
Q: At What Point Are People Who Live Together Considered By Law To Be Spouses?
A: People of opposite sexes who live together, not married to each other, may be considered spouses: under the Family Law Act, if they have been living together for … More
Q: In Any Marriage Or Family Breakdown Situation, Or The Death Of A Surviving Or Sole Effective Parent, How Is It Determined Who Is Entitled To Custody Of Children?
A: The main concern of the courts and authorities operating under the law is what is in the best interests of the children. Factors looked to reach that determination may … More
Q: What Determines Accessibility To A Child By The Parent Who Does Not Have Custody?
A: Again, the best interests and needs of the child will govern the decision of the courts and authorities. Similar factors to the ones looked at in a custody question … More
Q: Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More
Q: What Might Happen If Both Parents Were Found To Be Either Dysfunctional Or Otherwise An Unacceptable Risk To The Well-Being Of A Child, Or If A Sole Parent Died?
A: Willing and concerned relatives, such as a grandparents or aunt and uncle could request, would be considered and might be appointed guardians or foster parents.
Q: Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More