It depends on the state that you live in.
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. This typically means that the couple has cohabitated for a period of time, usually a year or more, while having an agreement to be married and holding themselves out to the world as husband and wife.
Not every state permits common law marriages. For example, Michigan has elimated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The "full faith and credit" rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.
As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another. While in one state, a common law spouse might be entitled to a share of the marital estate and even to spousal support, in a state which does not recognize common law marriage that person may not be able to lay claim to jointly acquired assets titled in their partner's name and won't be eligible for alimony or "palimony". Similarly, if cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated in the event of disability, may not even have a right to visit their partner in the hospital, and won't have any right to inherit unless expressly named in the partner's will or estate plan. You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property. In short, it pays to know the laws in your state and that if you want your relationship with your partner to be officially recognized, to take the steps necessary to give legal effect to the relationship.
In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. At present, approximately eleven states and the District of Columbia still recognize common law marriages.
States Permitting Common Law Marriage
Alabama
Colorado
District of Columbia
Iowa
Kansas
Montana
Oklahoma
Rhode Island
South Carolina
Texas
Utah
States Permitting Certain Common Law Marriages
Georgia (if the elements were satisfied before January 1, 1997)
Idaho (if the elements were satisfied before January 1, 1996)
New Hampshire (for inheritance only)
Ohio (if the elements were satisfied before October 10, 1991)
Pennsylvania (if the elements were satisfied before January 1, 2005)
In states which don't allow common law marriage, an unusual situation can arise - a couple which underwent what they thought was a valid, state-authorized marriage can find that their marriage was invalid. For example, a divorce may not be properly finalized before a subsequent marriage occurs, rendering that later marriage invalid. Usually, once the problem has been remedied, states will provide a remedy to correct the invalid marriage. For example, some states permit a secret wedding ceremony to be performed by a judge, with a backdated order of marriage, such that the marriage becomes valid from its inception and the rights of the spouses are protected.
2007-06-10 02:46:49
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answer #1
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answered by D and G Gifts Etc 6
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Depends on which state you live in only about 15 states recognize common law marriages. Which means that couples who live together "with the intent to marry" can become common law spouses without a license or wedding.
Intent meaning if you file joint taxes, wearing rings, using the term husband or wife in reference to one another, using the other last name. But again check with the state that you live in.
2007-06-10 03:04:24
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answer #2
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answered by Lisa D 5
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It depends upon the state you live in, some states don't recognize common law marriages.
2007-06-10 10:04:19
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answer #3
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answered by Anonymous
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each state is different, there are a few that don't recognize it and then for others its in the 5-10 year range ... but you need to be living together with children born ... and bills must be in both names ... check with your state on rules for common law marriages.
2007-06-10 02:58:48
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answer #4
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answered by emnari 5
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common law isnt known in all states and countries... but it is 7 years
2007-06-10 02:46:33
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answer #5
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answered by bronzebabekentucky 7
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ihave a question my brother past away he lived with a gril friend for about 12 years can she claim his thing and every thing im next of kin
2015-02-28 14:51:25
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answer #6
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answered by David 1
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No such thing is the heremy be in Hell!Can u make clear this q?
2007-06-10 02:46:36
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answer #7
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answered by Anonymous
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Not long enough as far as I'd be concerned.
2007-06-10 02:49:18
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answer #8
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answered by Strike2? 3
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No such thing?
2007-06-10 02:43:50
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answer #9
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answered by thelma_shane 2
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