Sunday, April 06, 2025
Long Term Dating Relationships –A Legal Considerations
Whether you have been dating for many years
or you have decided to move in together, you may both have questions and
concerns about how this might affect your legal rights and responsibilities.
Here are some common questions about property and support obligations.
We have been seeing each other for a long
time; does this mean my friend has a right to my property or money?
Just because you have been dating a long
time, does not mean your partner has a right to your property and assets or an
obligation to support you. If you plan to move in together, you should talk to
a lawyer about how this might change your situation.
If we decide to live together, will our
rights change?
Not necessarily. When a couple lives
together it is called a common-law relationship. Living together is not the
same as being legally married. You will not have an automatic right to half of
one another’s property. However, if you live together for three years or more
and depend on the other person for support, he or she may have a legal duty to
support you if the relationship ends. You should get legal advice about your
rights.
How can I protect my property? I want to
be sure I will continue to control my property and assets.
The best way to protect your property
interests is to see a lawyer and enter into a domestic contract with your
partner. This is a written agreement between you and your partner. It is called
a cohabitation agreement. It sets out your rights and responsibilities to each
other such as who owns the property, how property will be divided if you
separate, and support obligations. You should each talk to a different lawyer.
Your lawyer will explain how your agreement will affect your rights and
responsibilities.
If we live together, will I be
responsible for my partner’s debts?
You are not responsible for the debts of
your common-law partner unless you have co-signed a loan for them or you have
signed a contract agreeing to pay for them. However, if you later separate and
your partner applies to the Court for a division of property and debts, the
Court may order you to contribute based on your specific situation. Unlike a
legally married couple who separates, the division of property and debts is not
an automatic right.
What happens if we buy things together?
If you and your partner buy something
together, such as furniture or a car, you both own it. Make sure you keep proof
of payments (such as receipts) and indicate who paid for the item.
Will I need to change or update my will?
It depends on whether you wish to leave
anything to your partner in your will. If you want your partner to have something
when you die, you will need to update your will as soon as possible by
contacting your lawyer. However, if you do not want to leave anything to your
partner, then you do not have to change your will. However, you may have a
legal duty to support certain people, such as a common-law partner, if they
depended on you for support. If you do not adequately provide for them or
include them in your will, your partner may apply to the court for some
financial support from your estate under the Provisions for Dependants Act.
No comments: