Maxron Holder \u2013
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\u2019s \u201ccommon law wife\u201d. 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 \u201ccommon law wife\u201d. No matter how long you\u2019ve 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 \u2013 not because of the relationship, but because of your financial contributions.
Here’s what you need to know:
1. If you\u2019ve contributed financially toward the property\u2014whether through paying for renovations, covering bills, or even household chores\u2014you 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\u2019s name, a resulting trust may arise.\u00a0 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 \u201ccommon law\u201d 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\u2019ve lived there for years. In the absence of a will, the property will pass to their family members or designated heirs, not you. Yes \u2013 those same relatives, including the son he said should not get anything when he dies and the wife he claimed he was \u201cno longer with\u201d 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.
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Maxron Holder \u2013 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\u2019s \u201ccommon law wife\u201d. They had lived together for more than 30 years. According to her, she had helped to maintain the home, paid bills, and cared for<\/p>\n","protected":false},"author":8,"featured_media":44262,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-44413","post","type-post","status-publish","format-standard","has-post-thumbnail","category-mainstory"],"yoast_head":"\n