The Legal Fiction of Common Law Marriage

During a radio-talk actualization appearance, a addition told me about his adverse besom with the acknowledged fiction of common-law marriage. He had been active with a woman for several weeks if he came home one black to acquisition the woman, his TV and different added acreage missing. He alleged the police, who afield abreast him that the woman was his common-law wife and so they couldn’t advice him.

What qualifies as a common-law marriage? Take your pick:

  1. Leaving too abounding clothes at your girlfriend’s house?
  2. Living calm six months
  3. Living calm seven years?

Chances are you best the third answer, but all three acknowledgment are appropriately wrong. A accepted delusion is that the breadth of cohabitation creates common-law status. This is not true.

Three elements are all-important and none chronicle to a time-frame. A brace must

  1. Live calm
  2. Agree amid themselves to be alliance
  3. Represent themselves as affiliated (also alleged “holding-out.”)

The acceding in the additional aspect does not accept to be written; it can be adumbrated by the behavior of the parties. Signing leases as bedmate and wife or filing collective assets tax allotment are examples of the affidavit acclimated to betoken a common-law marriage.

In the archetype above, the police, as are a lot of people, were woefully misinformed.

Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and D.C. admit common-law marriages. Ohio repealed its acceptance in 1992. Pennsylvania has just now abolished it. Added states may admit an breezy alliance if it was originally apprenticed aural one of these states.

In the past, common-law alliance was generally apparent on the lower socio-economic rungs of the ladder. However, celebrities generally accomplish the account with claims by their live-ins of this status.

If you are anxious about your own status, acquaintance an advocate in your accompaniment for added information.