The Law with Max -La Trusts – No Ring, No Rights

Maxron Holder –
Attorney-at-Law and Lecturer in ?

I was in trial last week when a woman took the stand and confidently introduced herself as her late partner’s “common law wife”. They had lived together for more than 30 years. According to her, she had helped to maintain the home, paid bills, and cared for him through his illness. When he died, she genuinely believed she was entitled to a share of the house they shared.

The hard truth is, under the law of Saint Vincent and the Grenadines, there is no such thing as a “common law wife”. No matter how long you’ve lived together or how deep the relationship, cohabitation alone does not create property rights.

That said, you may still be entitled to a share of the home – not because of the relationship, but because of your financial contributions.

Here’s what you need to know:

1. If you’ve contributed financially toward the property—whether through paying for renovations, covering bills, or even household chores—you might have a claim to a share of the property. A constructive trust arises when one person contributes to a property they do not legally own, with the expectation that they will benefit from it in some way. Your contributions, no matter how small, may be seen as a basis for a legal claim, as long as there was a common understanding between you and your partner that you would have a share in the property.

2. If you contributed directly to the purchase price of the property, but the deed was registered solely in your partner’s name, a resulting trust may arise.  This means that the equity may recognize your financial contribution by granting you a proportionate beneficial interest in the property.

3. People mistakenly believe that long-term cohabitation creates “common law” marriage rights. In Saint Vincent and the Grenadines, however, there is no such thing as a common law spouse. Without a marriage certificate, you cannot automatically claim a percentage of the property in the event of a split. The property remains the legal possession of the registered owner.

4. If your partner dies without a will, you will not automatically inherit their house, even if you’ve lived there for years. In the absence of a will, the property will pass to their family members or designated heirs, not you. Yes – those same relatives, including the son he said should not get anything when he dies and the wife he claimed he was “no longer with” but never divorced, can legally step in and claim the property. They can even require you to leave.

Protect your rights and consider how your contributions and legal status may impact your claim to a family home. Always consult with an attorney to understand the nuances of property rights, especially in the context of unmarried relationships.