Does the presumption of common law spouses apply to the common law spouse?
British Columbia, Canada
The following excerpt is from Lawrence v. Mulder, 2015 BCSC 2223 (CanLII):
Cases where the presumption was applied to common law spouses include Manley v. Schiller (1980), 1980 CanLII 679 (BC SC), 22 B.C.L.R. 61 (S.C.) where it was said (at para. 11): The law presumes that such payments made by a husband were made on behalf of himself and his wife and, as I have stated, such presumption would apply not only in the case of a husband and wife but also, in my view, to the parties in this case. I find that it is appropriate to apply that presumption notwithstanding the absence of the marriage contract.
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