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Common law marraige is when two adults cohabitate in what is ostensilby a marriage relationship, without actual solemnization (marriage, license).

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah

2007-08-29 08:49:42 · answer #1 · answered by Anonymous · 0 0

Common law marriage is an attempt to discourage living together outside of wedlock. It varies GREATLY from state to state. OK law is weird. It states that if a man and woman, who are otherwise legally able to marry one another, present themselves to the community as married for as little as one whole night are married. An example might be signing into a motel/hotel as Mr. and Mrs. The other side of that is that a couple can live together the rest of their lives WITHOUT presenting themselves to the community as husband and wife and never will be married.

The only problems occur if a divorce is desired or benefits. Some document will need to be presented to the court to establish intent by both to be married. If one but not the other presents himself/herself as married, then it depends upon who is more believable.

2007-08-29 15:58:56 · answer #2 · answered by Jack 7 · 0 0

It is a carry-over from ancient English common law, where two people might claim to be married but never got married in the church -- and to prevent injustice, the courts treated them as married if they lived together long enough.

In modern times, especially in the US, it's largely gone. Only about a dozen states still have any version of it -- and the purpose is as above -- to provide (in death or 'divorce') for a couple who holds themselves out as married, but never filled out the proper paperwork.

In legal parlance, it's a form of equitable estoppel -- having held themselves out as married, the couple is prevented (estopped) from later denying that they were married -- even though they never went through the formalities.

2007-08-29 17:26:45 · answer #3 · answered by coragryph 7 · 0 0

it used to be 7 years.......but in some states it might be different and some states dont even do common law marriages anymore....so check into it

2007-08-29 15:42:19 · answer #4 · answered by $martA$$.com 4 · 0 0

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