What is common law marriage?

Question

My ex and I lived together for 4 years and i heard this was common law marriage ..but what is that??

Can you get alimony or something...are you entitled to your ex's stuff....(im not a cold hard *****,.,I just have a son by this guy and he hasnt payed child support for two years and hes got two cars, a house and is living the expensive life...(red my other question about child support to find out more about him)

Answer 1

O.K. let's deal with the false statements, the real facts and the total crap.

First, the false statements. Common law marriage does not, in any state, depend on the length of being together or in how long you cohabitated. Time is NOT a factor.

What is required in all states (13) which either allow some form of common law marriage or informal marriage, is to hold yourself out as married, (proof such as filing joint tax returns, title to a car or deed to a home as husband and wife or other such), and in Texas, the signing of a declaration intending to be married without the license.

Other states, while they do not recognize common law marriage in their own statutes, do recognize common law marriages that were valid in the state in which the marriage was created.

Now, the correct answers.
The only two answers which were completely correct as far as they went, were Tim and Poppet. ALl the other answers had some element which was either completely false or incorrect based on the facts you presented.

Now for the total crap.
The first four answers you received.

Now, as to your specific issue, unless you have a valid divorce and attendent child support order from a court of competent jurisdiction, then he owes you nothing. In fact, the two of you are not yet divorced, which will be required if you claim a common law marriage.

If your cohabitation does not qualify as a common law marriage under the state statutes where you live, then you are living together and have no other rights but to file for custody and support.

IF you are indeed, found to be common law married, then you need to file for divorce and the same rules apply to your marriage as for all others. Alimony is an award made by the court to make the disadvantaged spouse whole again as if the marriage survived. Therefore, it is dependent upon a complete review of the facts.

His things before the two of you got together remain his as do your things remain yours that were obtained before the marriage. All things obtained DURING the marriage are subject to split by the court as marital assets.

Now, do you understand?

Answer 2

Depending on the state it doesn't mean crap anymore. So many people across the country are now living with each other without getting married that common law marriage is practically null and void. Originally this type of marriage was put into law at a time when man and women did not live together unless they were married. It was designed to prevent the few dead beat's out their honest. But as i said it depends on the state, just do an on-line search for common law marriage in your state and you should be able to learn about any legal actions you are permitted to take.

Answer 3

A common law marriage is very similar to a legal marriage. Some states allow common law marriages while others do not. For example, a couple that was together and lived together for 7 years and publicly acknowledged each other as husband and wife has entered into a common law marriage. There are certain requirements that must be met before you can legally be married via a common law marriage. Basically, a common law marriage = a legal, binding marriage in certain states.

Many of the same privileges afforded to legally married couples are available to those who enter into a common law marriage. I've included a link to a website that you should take a look at. If you have a child with your ex, you may want to consider legal action for child support, if you desire. You do not need to be married or have been married to someone to seek child support.

Best wishes and good luck!

Answer 4

First you need to find out if common law exists in your state. Common law marriages are treated the same as real marriages depending on the state and yes you have rights to what he has that you all obtained from the time you became common law. You will have to file for a real divorce.. If you were common law it means you are still married even if you are not living with him..my brother went through this but as far as child support you don't have to be married in anyway to get what your child is entitled to.

Answer 5

Common law marriage is when a couple lives together and acts like husband and wife without being legally married. Common marriage has the same rights and power just like a legal marriage. The laws for child support, alimonies, property division are same as those for the legal marriage. (In States).

That guys owes you 2-years of back child support. (Child support in arrears). Take him to family court. You will get all that money back from him in addition to the monthly payments that he will be ordered to pay. Sue him for child support AND for child support in arrears (back child support for those 2 years that he didn't pay. )

Answer 6

Common law marriage is an implied marriage contract between a man and a woman that have been cohabitating (living) together for a long period of time.

It is meant to protect those people who are living together in the case of a division of assets dispute. There are only a handful of states that recognize common law marriages. If you are concerned about a break up, and not getting your share of things then you should speak to an attorney (but only if you live in a state that recognizes them).

See >>> http://en.wikipedia.org/wiki/Common-law_marriage

Answer 7

A common law marriage is if you live with your spouse as husband and wife (not sure for how long) but are not married.

I don't think you can get his stuff since you have only been together for 4 years and you are not married. However if he is not paying child support take his butt to court and get an order compelling him to pay

Answer 8

Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/yxS7o

Answer 9

I believe common law marriage is living together for 10 years or more. Your child most definitly deserves support from this man. I don't know if you would be entitled to anything but your child by him is!

Answer 10

If you live in the USA this is what the law thinks of CLM.

The only states that allow for the establishment of CLM are:
Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah

Certain requirements must be met to establish a CLM in these states. Typically you must live together a certain amount of time. (different for each state) You must be eligible to get married. You must present yourselves as a married couple not only to people you know but to the government. (file taxes together, buy a house as a married couple, something legally binding)

***MYTH - That 7 years co-habitation will automatically make you CLM****

I know in Kansas if you get a hotel room together as Mr&Mrs. that is enough to establish residency.