Opposition Senator Shevern John has called for laws that specifically protect the property rights of women in common-law relationships.
“Very often, unmarried women who are in long-term relationships with men that come to an end, whether by separation or death, often suffer. The suffering is emotional, social and financial,” John said at the New Democratic Party’s (NDP) “Elect Her” conference in Kingstown on Saturday — International Women’s Day.
She noted that while many couples choose to get married, many others opt to live together as common-law husbands and wives.
John, who is the NDP’s candidate for North Windward in the next general elections, said SVG does not have laws to protect unmarried women when the relationship ends.
“Property rights are not automatic and so unmarried women do not enjoy the same protection as married women under our laws,” she said.
“Understandably, as a mainly Christian society, marriage is a preferred status as it is seen as not living in sin. But the reality is, increasingly unmarried women with children and ‘shacking up’ are no longer looked down on.
“Therefore, shouldn’t we have laws to protect unmarried women when their relationship ends?”
She said a lack of inheritance is one way in which women are trapped in the cycle of poverty.
“For instance, the law of intestacy does not recognise an unmarried woman,” she said, referring to a situation in which someone dies without a legally valid will.
“So, when a man dies without leaving a will and the woman’s name does not appear on the deed or any asset but she shared in acquiring and building those assets, she is at risk of losing them,” John said.
She emphasised that the laws of intestacy recognise only a spouse.
“It has a hierarchical approach,” she said, adding that in cases where the deceased has a surviving spouse and children, one-third of the estate goes to the wife and two-thirds to the children.
“Where there is no spouse but children, then the estate is shared equally among the children,” she said, adding that where the deceased has no spouse or children, the estate passes to the parents of the deceased.
“As you can see there is no mention of unmarried women. Where she has children with her deceased significant other and his name is on their birth certificates then they will inherit,” John said.
“In the absence of legislation to protect these women, then women have to insist that their names are added to property acquired during the relationship.”
The opposition senator noted that where a relationship ends badly and the woman is not recorded as an owner of the property, she has to take the man to court to establish her contribution to the acquisition of the property.
“Proof of financial contribution is in receipts or evidence of someone who can corroborate the woman’s claim of making a financial contribution,” John said.
“I say today that the time is right to offer unmarried women protection so that they [can] escape the cycle of poverty. We need legislation to give women in cohabitation relationship rights and protection, especially as it relates to inheritance and maintenance.”
She said the NDP is committed to supporting women and advancing women’s rights.
John said the party intends to do this by creating jobs for women, improving the lives of women; devoting adequate resources for women’s empowerment initiatives and creating one-stop service centres to assist people (particularly women and children) whose lives are affected by domestic violence.
John said an NDP government will also integrate the delivery of NGO support services, ensure that a national education and training policy is implemented for sensitisation in the treatment of victims of domestic violence; and build shelters to meet the demands for safety and protection of women and children.
An NDP administration will also create a stable and efficient legal aid system to offer free legal services to victims of domestic violence and sexual offences.
“As a candidate, I affirm my commitment and support to this agenda,” Senator John said.
“Together we will ensure that the needs and perspectives of us, as women, are fully integrated in our efforts to build a peaceful, just, and inclusive society.
“Remember our women and children when you vote in the next general election. Vote jobs! Vote women’s empowerment! Vote for our voice as women! Vote NDP!
“North Windward, vote NDP for the woman who has been your voice, who never left you, who will bring transformation to the constituency.”
Yes that law needs to change my mother lost everything just because of this. I watched my mom and her so called ex who is now deceased build a house and a rental from the ground up living together for 13+ years and because of his spiteful ways when he died she got nothing even though she spent money to build along with him . This law is distasteful and disrespectful