What is a common law marriage?

Answer 1

It's when a couple lives together for a certain number of years and are considered married not because of a license but because they have lived together for x many years.

In Kansas it's 7 years.

Answer 2

Common law marriage is what some states make it legal for "couples" whom live together for a number of years, to be legal marriage in the eyes of the law in their state.

One state can say their common law is 7 years being together, some more, some less. IF the state finds you to be a common law marriage, then it means too, if you 2 break up, the things you've collected as a couple are to be divided like a divorce.

Answer 3

This 7 years living together idea is a MYTH. I heard this on a "Who's the Boss" episode and I took it as the gospel. There is NO fact in the 7 year saying.

Common law marriage is this: "Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws."

All of these criteria must be fulfilled for a common law marriage to be established.
"1: You must live together.
2: You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.
3: Although the time frame is not defined, you have to be together for a significant period of time.
4: You must intend to be married."

Concerning the time period living together clause, in Kansas I know it is VERY lenient. If you check into a Hotel under MR.&Mrs. and everything else is accounted for...you just got married. I was told by a paralegal in Colorado that their time period for co-habitation is 6 months.

Only 10 states in the USA allow for the establishment of common law marriage within it's boundries. They are: Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah,Washington, D.C.

Answer 4

Many couples make the mistake of thinking that living together for a long time will be accepted as a common-law marriage. In fact, whether in the US or Canada, it is more complex than that. "Roomies" don't count, for one thing. It is wrong to generalize too much, BUT - in a high percentage of states and provinces, the couple must have been living together and REPRESENTING themselves as being married for many years. They require proof such as joint credit cards, mortgage or rental papers, using the man's last name, having children and enrolling them in school under man's name...so many things to be considered. AND - it doesn't end there. If you are having babies, you are just STUPID not to get legally married. If the man dies, you must go through many legal "hoops" before you get a dime of insurance money or child death benefts from employers, etc. When my son was killed at work, she was 5 months pregnant and, in spite of being in a common-law relationship, owning a home together, and already having one child together with his last name, when the child was born, before she could register the birth under his name and before she could get the child benefits from his work insurance, we (his parents) and his brothers all had to sign notarized court affidavits swearing that we acknowledge that the baby was his. so heartbreaking to have to do when you're already grieving. Makes me so angry when people are so flippant about legalities! My son had been through a divorce and when the woman got pregnant earlier than they had planned, they put the wedding off. They had been planning to be married and -oops - second pregnancy. They had decided to marry the next weekend in a small civil ceremony when his accident occured. There's a sayng that goes ' How do you make God laugh the hardest?" Answer : Tell him your plans. This is so very true. Common law marriage is exactly what it sounds like - COMMON - and should be avoided like the plague.

Answer 5

Some states consider you married if you live with someone of the opposite sex for a certain number of years. Since the two people have been living as man and wife, the state considers them to be married.

This is old law and will go the way of the dodo bird over time. Many states like California no longer will declare couples to be married under the common law concept.

Answer 6

Its when two people live together as man and wife and acknowledge it that they are husband and wife and they have to live like that for a certain amount of time 30 days in So Carolina .to a year common law marriage is only acknowledge in certain states but recognized in other states and you do have to hire a lawyer when you want a divorce[edit] South Carolina
The criteria for a common law marriage are: (1) when two parties have a present intent (usually, but not necessarily, evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement between the parties to assume toward each other the relation of husband and wife." See Tarnowski v. Lieberman (S.C. Ct. App. 2002). The minimum age for such a marriage is fourteen years old as established by South Carolina Code of Laws 20-1-100 (2004). ***this section needs updating. the reference actually says all marriages entered into by persons under the age of sixteen are null and void ab initio*** For this law to apply the minimum time the couple have lived together continuously had to have exceeded 30 days

Answer 7

Common Law marriage is a marriage without a ceremony of any kind at all.

It usually results from a couple who agree that they are married, represent themself as husband and wife and have been living together as husband and wife for a period of time that has been predefined by the state that they live in.

Answer 8

For states that recognize common law marriages, because not all do, generally when you use the last name of your man for a certain amount of time, say a year, then the state recognizes you as being common law married, which means you are married, but don't have the license.

Answer 9

I think a lot of states of done away with common law marriage. Common law marriage is not a legal marriage. If you live with someone for a number of years, then it is considered common law.

Answer 10

It's when you live with someone, same address, for a length of time that the law treat the two of you like a married couple. It may change from state to state.

Answer 11

Some states recognize "commonlaw marriages" if a couple have been living with each other for 7 years or greater and sharing ALL expenses and responsibilities as a regular "married" couple would. Some places (employers) even allow you to put a commonlaw spouse on your insurance and benefits plans.