Question

Elaine and Mellie have been common-law partners for the last 15 years. Elaine moved into Mellie's home 10 years ago and has been contributing to the mortgage and other household bills. She and Mellie have two children. Elaine spent four years at home with the kids and went back to work last year. Mellie has continued to work throughout and is their main contributor to their expenses. Elaine and Mellie separate. As common-law partners, to which of the following does Elaine have the right?

a. Elaine has the right to property division because she has been contributing to the mortgage and household bills
b. Elaine can seek spousal support because Mellie's income supports her
c. Elaine has all the same rights as someone in a married couple
d. Elaine can have Mellie sign a cohabitation agreement when they separate to retain her spousal and property rights

Answer 1

Elaine's rights as a common-law partner may include seeking spousal support and possibly rights to property division, but these differ from the rights of married couples and depend on local laws. Cohabitation agreements are typically pre-cohabitation documents, and they cannot be created post-separation to secure rights.

Step-by-step explanation:

As common-law partners, Elaine's rights may differ from those of married couples, depending on the jurisdiction. To address your points:

• a. The right to property division for common-law partners is not automatic as it is for married couples. Whether Elaine has this right will depend on local laws; some places consider contributions toward property.
• b. Elaine could potentially seek spousal support if the laws of the jurisdiction recognize this for common-law relationships and if the circumstances fit the legal requirements for support.
• c. As common-law partners, Elaine and Mellie do not have all the same rights as a married couple. The legal distinction between common-law and married couples can affect rights upon separation.
• d. A cohabitation agreement is usually made at the beginning of cohabitation, not at separation, and it cannot be retroactively applied to secure rights after partners have separated.

It is crucial for Elaine to consult with a legal professional to understand her rights in her particular jurisdiction, as laws concerning common-law partnerships vary widely.