If two people live together for 17 month's are they known as common marriage laws?

Question

Me and my boyfriend have lived together for 17 months and planing to get married .He is waiting for his divorce.then we are getting married.But the thing is we we stay together.and the Question is is that considered common parter law..

ok then this is the way it is.I live in the USA and he lives in Canada we have been together for 17 months and going from canada to usa to stay legal in both.i work in the USA when i am in USA i drive a truck .And he work's in Canada when he is in Canada.I would live in Canada if i knew how to get work in Canada but we are not married yet.so...I do know that once in everybodies life there is that one true love and i have found it and it has been rough but well worth what all we are going threw but things will work out cause we are both willing to do what it takes to make it that way..

Answer 1

I think you need to live together for 7 years before it's considered a common law marriage. The laws may differ from state to state though.

Answer 2

So long as your fiancé or boyfriend is married, common law marriage is not possible.

Furthermore, common law marriage exists only in some states of the USA:
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah

In Canada and perhaps other countries one may be an unmarried partner and gain certain rights. This is also true of "customary marriage" in some African countries and used to be true of marraiges in Indian Country in the USA but I understand that Native American marriages now require marriage licenses in all or nearly all states.

Lee Marvin's "palimony" defense in a California court clarified the lack of rights of unmarried partners in that state as of 1977: http://en.wikipedia.org/wiki/Palimony

NOTE: once a common law marriage is established in law in a state or territory that recognizes such a marriage, it will be recognized everywhere ("full faith and credit") if and only if there is judicial recognition of it in a US state where the couple is or was domiciled. If there has been no such judicial ruling a second state is not bound, at first instance, to recognize the marriage and for want of proof (or because of local procedural rules) may decline to do so. The result may be a "limping marriage" valid in some states and not others; or a total failure to establish the marriage even though had the issue been adjudicated in the "common-law marriage" state where the couple lived together and held themselves out as man and wife the result would have been different.

In principle a couple visiting one of the listed states, staying in a motel and registering as husband and wife, if they are both free to marry, might be deemed married there and everywhere. In fact, a few outrageous anecdotes notwithstanding, it normally takes domiicle (presence and intention to remain for an unlimited time) to constitute domicile, and hence common-law marriage.

Proof may be different for different purposes: military and social security and income/estate tax benefits may require a judicial determination by the courts of a state.

I think the above is more than enough for your purposes.

I don't know where some of the turkeys who answer questions like this with off-the-wall rubbish answers get the chutzpah to hold themselves out as knowing anything about the law.

Answer 3

That all depends of a few factors. First, as long as he is legally married living together or not there will be no valid marriage between you common law or otherwise. Second, each state has it own laws governing common law marriages. Example: Mississippi does not recognize common law marriages. But, remember if in a state that does there is no such thing as common law divorce. If the relationship splits you still must go through legal divorce proceedings to end it.

Answer 4

Two people man and woman live together for years can not be treated as a common marriage.You both have been in adultery activities every day,every week and every month.for 17months.I think in your religion it is not allowed and you will get sin.Why you do not get married with him if you love each other ?Your boy friend is waiting his divorce is not a sound reason for your adultery.You can wait until his proceeding finished and then get married and live together after you have a common marriage.Maybe he did not manage his divorce seriously so it took a long time.He neglected it because he has a replacement for his wife that is you.You can be easily ansked for living together without common marriage,only based on your desires
which has been poluted by satans.Sorry I tell you the truth.

Answer 5

There is no national family law in the United States - laws of marriage vary from state to state.

If your boyfriend is married right now, you cannot be married to him - that would be bigamy, a violation of law in every jurisdiction [yes, in Utah too].

Texas has no minimum time to be common-law married, though we don't call it that. Here it is called an "informal marriage" and all it takes is the ability to be married [such as no existing spouse of either party] and the intention to be married.

If yr. boyfriend gets run over by a drunk tomorrow, you have no rights under law and his wife gets everything [exceptions would be if you were named beneficiary of his life insurance, for example - any the wife might be able to challenge that too].

Good luck to you.

Answer 6

As long as he's married you can't be common law. You need to apply right now for your open work permit & after that comes apply for citizenship. Unlike the US (I am American & my wife is Canadian) you can have dual citizenship in Canada but not the US. Get on the CIC website and that will explain everything. You can do everything (paperwork) yourself, you don't need a lawyer.

Answer 7

Not if he's married to someone else. What a great deal - a wifey already and then he installs gf#1. So now the boy enjoys the benefits of wifey and gf. Lives with gf#1 and tells her he's waiting for his divorce. What a sly original devil he is. You better hope he doesn't install gf#2 before his divorce, then you would have no reason to ask this question.

Answer 8

It depends on the state you live in, but I am sure you need to live together for like 7 YEARS in any state before that happens. And if he is married, then there is no way you could be common law

Answer 9

Common law marriage was abolished in Pennsylvania of January of this year. Apparently legislators were upset at the possibility of it enabling gays to marry.

That said, common law marriage typically does not go into effect, if legal where you live, for at least 7 years of cohabitation.

Answer 10

Every state has its own laws on common law marriages. Kentucky, for instance, has no common law marriage no matter how long you live together. I suspect no state will make you a common law wife if you or your boyfriend are already married because that would override the law against bigamy.