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My boyfriend and I have been living together for almost 10 years. I was over heard someone say that if you've lived together in the same apartment/house for a certain amount of time you are legally married? What is this called? & just what is the whole story of this?

2006-07-06 05:57:41 · 7 answers · asked by Susan 2 in Family & Relationships Marriage & Divorce

7 answers

What is a common law marriage?

In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:


live together for a significant period of time (not defined in any state)
hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
intend to be married.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

2006-07-06 06:09:27 · answer #1 · answered by J 3 · 2 0

It started during the depression ( I think) because people couldn't afford to have a wedding. It's call "Common Law Marriage" It is just as you described...you live together for a certian length of time (each state is different) and technically you are married..although this gives you no legal rights except in an uncontested property suit after the others death.

2006-07-06 06:03:00 · answer #2 · answered by Rabbit Ritto 2 · 0 0

Some states do not recognize common law marriage, TN for example. However Alabama does, but it involves more than just living together. First you have to be capable of entering into marriage, be of age, not already be married to someone else etc. You have to have the intention of being married, hold yourself out to be married to the public, act as if your married etc. You can't accidently be married because you lived with someone for a certain period of time. However, you can hold yourself out to be married for only one day and it be a legal marriage

2006-07-06 06:10:01 · answer #3 · answered by breeze1 4 · 0 0

Its called common law marriage, the reason for this is because people tend to gather lots of possessions during a stint like that and if they split up, its hard to decide who gets what. Therefore, some states decided to go with this practice. Proceedings are very near divorce proceedings as far as the courts are concerned. It is only practiced and mandated as law in some states though. It also doesnt matter where you lived as long as you have lived together for a number of years.

2006-07-06 06:06:44 · answer #4 · answered by Anonymous · 0 0

In Georgia....you can stay over night a few times and be common law married. I have a guy friend that was with this girl for 6 months and loved her to death, she was cheating on him and he was pissy so he went and filed for a divorce and he was granted it....she even had to pay for half.

2006-07-06 06:02:40 · answer #5 · answered by baseballmommy 4 · 0 0

It is called common law marriage.

2006-07-06 06:09:38 · answer #6 · answered by lavenderroseford 6 · 0 0

It's called Commonlaw Marriage and it depends on what state you live in if it's valid or not

2006-07-06 06:00:48 · answer #7 · answered by Anonymous · 0 0

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