What is the test for common law spouses in common law litigation?
British Columbia, Canada
The following excerpt is from Richer v. Smith, 1998 CanLII 5496 (BC SC):
A recent case which seems to fall closest to the case at bar is Bebbington v. Carter, [1997] B.C.J. No. 961 (B.C.S.C.) a decision of Mackenzie J. In that case the claim was for a half interest in a house by the common law spouse at the end of a 15 year relationship.
In Peter v. Beblow, supra the common law spouses housekeeping and child care services constituted a benefit since those services were received without compensation. This enhanced the registered owner's ability to pay off his mortgage and other assets.
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