My GF of a couple of months Mom is planning to move out of the state.. We decided we like eachother too much and will shack up be it temporarily or just eventually get married or just stay together and true to eachother forever... only time will tell.
However.. I wonder of the particulars...
Is it true that even if we never do get married nor draw up a cohabitation agreement... we are still considered married to the law if we live together for a certain amount of time????
I ask since I have property and assets and she doesn't and would like to be very aware of the implications of us innocently living together might have.
Thanks
2007-06-20 10:39:56 · 16 answers · asked by mikeo 2 in Family & Relationships ➔ Marriage & Divorce
No you are talking about common law marriage. Only a few states (USA) still allow for the establishment of CLM. (Canada has laws about CLM that I'm not familiar with)
No matter how long you live together you can't become CLM without meeting other criteria. They are: "agree that they are married, live together, and hold themselves out as husband and wife."
The saying that living together 5,7,8,10 years you will automatically become common law is a myth. In actuality no state has put a specific time frame on cohabitation. They all say "significant".
2007-06-20 10:49:07 · answer #1 · answered by Poppet 7 · 0⤊ 0⤋
Common law is still recognized in several states but not all. For those that it is still recognized and a divorce comes about later, be prepared to prove when you began cohabitation. Usually anything you have acquired prior to the move in date is yours to keep. However anything acquired since that date would be deemed as mutual property and would be ordered split depending on your state. Some states such as Indiana have not recognized common law from as far back as 1972. Property in your name now should not be affected by any of this. Good luck.
2007-06-20 11:39:32 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
If you own the house then you own the house. If someone is staying with you there's no ramifications for that.
Different states have different laws regarding "common law" or live in status - how long a couple lives together before she is considered a partial property owner (sharer).
BTW - if she moves in with you the house will be hers and not yours - just prepare yourself. It gets worse. Make REALLY REALLY sure that you are ready for this. Cohabitation is a BIG PAIN if you don't know each other well.
FP
2007-06-20 10:46:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First you need to check whether your state acknowledges common law marriage. There are only 12 that do. The States that do have specifics you need to follow in order to be recognized as married. One is a mimimum number of years but there are others such as swearing before a witness or witnesses etc. And there is no such thing as a common law divorce. The same procedures would have to take place to divorce as one would by marrying properly.
2007-06-20 11:34:42 · answer #4 · answered by dawnb 7 · 0⤊ 0⤋
In the US, only 13 states recognize common law marriage (google "common law marriage US" for the list of states) - and even then, you have to meet certain conditions before you can be considered common-law spouses. You have to live together for a certain amount of time, you need to act like a married couple and represent yourselves as a married couple to the outside world, and at least in some states you need to file paperwork to achieve the common-law status. I don't think you're in danger of losing your assets if you live together for a while; just don't represent yourselves as a married couple to be safe! :)
2007-06-20 10:48:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In some states they have what you called the common wealth law so yes if you stay together for a certain amount of time you are married. Each states has their own specifics. As far as your assest I do not think they come into play but check into just incase.
2007-06-20 10:44:25 · answer #6 · answered by Danielle 4 · 1⤊ 0⤋
Some states recognize common law marriage, so it depends on what state you live in. Many don't recognize it. I know in some places you also have to present yourself as a married couple in society in order for it to be considered common-law. Try a google or yahoo search for Common law and the name of your state.
2007-06-20 11:09:36 · answer #7 · answered by Sir N. Neti 4 · 0⤊ 0⤋
It depends on what state you live in. I know that here in Hawaii there is no common law marriage so it doesn't matter how long you live together, legally she'll have no right to your property should you die.
Think carefully about your choice.....are you sure you want to live together after only knowing each other a few months? Living together is very different than dating......
Good luck!
2007-06-20 10:51:29 · answer #8 · answered by soccerref 6 · 0⤊ 0⤋
If you've lived together for a specific amount of time, it's called a common law marriage. I'm not sure of all the details when it comes to property and assests and they will probably differ by state. You can check out wikipedia for some help: http://en.wikipedia.org/wiki/Common-law_marriage
2007-06-20 10:44:13 · answer #9 · answered by Sasorisa 2 · 1⤊ 0⤋
Your thinking of "Common Law Marriage" and it's different in every state! Just google it and you'll find out the "particulars." As far as "your" stuff goes, it's all yours until you get married, but you can still protect it during marriage if you get a prenuptial agreement signed by her. To be totally honest with you it sounds like your getting cold feet about letting her move in!
2007-06-20 10:52:27 · answer #10 · answered by CJ 2 · 0⤊ 1⤋