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a friend of mine was married in 1958 he was married for 8 years and had 3 children, he divorced , a year later they bought a home together but never remarried, the children grew up and left, neither one wants to leave the home and all they do is fight , she says she will get him for common law, can she or no, he paid child support until all of the children were of age. she threatens him all of the time

2007-04-22 23:49:23 · 6 answers · asked by WILLIAM M 2 in Politics & Government Law & Ethics

6 answers

Depnds if she was working or not. If she worked most of the time and helped with the bills then she can't get anything. But if he has been taking care of her all along he is screwed

2007-04-22 23:53:15 · answer #1 · answered by Anonymous · 0 2

http://usmarriagelaws.com/search/united_states/ohio/index.shtml

There was common law marriage in Ohio before October 10, 1991. This is quoted from the link above.

Common Law Marriage: Yes and No. A Common Law marriage entered into in Ohio before October 10, l991 constitutes a valid, legal marriage in Ohio. After October 10, l991, new Common Law marriages are prohibited in Ohio.

The six essential elements of a Common Law marriage in Ohio are:

1. a mutual agreement of marriage "in praesenti" (presently);

2. made by persons competent to marry;

3. followed by cohabitation (including a sexual consummation of the marriage);

4. a holding out to the public that the parties are actually husband and wife;

5. a reputation in the community that the parties are husband and wife; and

6. that the Common Law marriage was entered into before October 10, l991.


Sounds like they met all of them. Co-owning the home since 1967 satisfied points 1, 3, 4, and 5, considering that cohabitation was very unusual in those days and they would have had the same last name. Point 6 is fact. Point 2 would be met by them having been married before and no apparent mental incompetence. So she can "get him" for common law. What exactly that makes her entitled to depends on circumstances you don't mention in your question.

2007-04-23 00:05:55 · answer #2 · answered by Anonymous · 0 1

Common law marriages are valid in Ohio if they were created before October 10, 1991. The problem with common law marriages is proving that the relationship is a common law marriage rather than just "living together." That means that you have to follow the same rules as married people. You have to hold yourselves out in the community as being married. There must be an intent to be married, as well as living together.

No matter how many years you live together, it is difficult to prove a common law marriage. You have to hold yourselves out in the community as being married, you have to file tax returns as married people, and when you break up, you have to get a divorce.

In my career, I have come across common law marriages in the context of settling decedents' estates. If you are in a state that recognizes common law marriages, you are going to have to prove the existence of the common law marriage. Also, you may find yourself in a battle with the man's legitimate or recognized children who would seek to rebut the woman's assertion of a common law marriage. After all, in that situation, it is in their financial best interest to prove that there is no common law marriage.

My best recommendation is to tell your friend to put a lawyer on retainer. This one will end up in court.

2007-04-23 01:37:28 · answer #3 · answered by Mark 7 · 0 0

She cant get him for child support if the kids are grown and lived in the house as kids he supported them then.

Most states do not recognize common law any more

She has no ground to stand on if the kids are gone

If the house is in both names they have to buy the other out or one has to go to an attorney (your friend) first visit is free (consultation) see what his opptions are

In Atlanta common law was no longer marriage in 1991 but if you lived together before then you were still noticed as common law..............Yea I know you want Ohio but there are loop holes

2007-04-22 23:58:10 · answer #4 · answered by Anonymous · 0 2

Common law marriages have been forbidden in Ohio since 1991. If they have accumulated property and debts today, they will be divided as though it was a business partnership (that's a somewhat simplistic explanation), but more facts are needed to discussed division of debts and assets. Anyway--he is not married to her.

2007-04-23 00:02:44 · answer #5 · answered by David M 7 · 0 2

information to coach a easy-regulation marriage interior the States that understand such marriages ought to contain: If the husband and spouse stay, a assertion from each and a assertion from a blood relative of each; If the two the husband or spouse is ineffective, a assertion from the surviving widow or widower and statements from 2 blood family of the decedent; or If the two a husband and spouse are ineffective, a assertion from a blood relative of the husband and from a blood relative of the spouse.

2016-10-13 06:24:01 · answer #6 · answered by ? 4 · 0 0

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