Common Law

💠 AI Overview

Birthright

Common law birthright, or jus soli (right of the soil), grants automatic citizenship to anyone born within a country's territory, a principle inherited from English common law, forming the basis for the U.S. 14th Amendment but abandoned by the UK in favor of parentage-based rules (jus sanguinis). While foundational in countries like Canada and the U.S. for establishing inclusive citizenship, it remains politically debated, especially concerning children of undocumented immigrants, contrasting with bloodline-based citizenship systems.

Marriage

Common-law marriage (or "de facto union") is a legal status for couples living together in a marriage-like relationship without a formal ceremony, recognized by some jurisdictions based on cohabitation duration (e.g., 1-2 years) and shared life, granting some rights (taxes, benefits) but often fewer protections than formal marriage, especially regarding property division at separation, varying significantly by location (like Quebec vs. other provinces).

Home Ownership

Common-law home ownership rights vary by location, but in places like British Columbia, unmarried couples living in a marriage-like relationship for at least two years often have the same property division rights as married couples, meaning family homes and assets are generally split equally upon separation, even if only one name is on the title. Property brought into the relationship (excluded property) is usually returned, but its increased value during the relationship may be shared. To protect assets and define ownership, common-law partners can create cohabitation agreements.

Victim's Rights

Common law victim rights, largely formalized by legislation like Canada's Victims Bill of Rights, provide victims with rights to information, protection, participation, and to seek restitution within the criminal justice system, ensuring their security, privacy, and voice are considered at all stages, from investigation to sentencing, allowing for a more central role than traditionally afforded. These rights, while extensive, are balanced to not impede investigations or endanger others.