Once she  has proved her status and an intention to share property ,their rights are similar – but she must overcome a huge hurdle first. A married woman’s husband cannot deny his wife’s claim to partnership regarding marital property because she does not have to prove her status. In contrast, the boyfriend of a cohabitee can deny the substance of their relationship and the onus is on her to prove she has the status of a common-law wife. Even when she proves that, she must prove either a general intention to share property during the period of cohabitation, or an intention to share a specific property.

If she does manage to prove all this, then as a common-law wife she is entitled to half of the property acquired during the period of  cohabitation. The rights of a cohabiting woman who has not entered into a property relations agreement – but who has proved her status as a common-law wife and the required intention to share property- are similar to those of a woman who married before 1974.