A whole mythology has grown up around the words “common law marriage.” Many people believe that if you live with someone for seven years, even though you did not legally marry, you are automatically a partner in a common law marriage, and are legally entitled to the same rights as those enjoyed by a married spouse. Living together for any amount of time does not constitute common law marriage in any state in the U.S.
Another myth: If the couple separates, property will be divided as in a divorce. Not true. When a couple stops living together in a shared home, the homeowner with title to the property keeps it, period. If you and your common-law spouse decide to buy a house, you need to be sure both your names are on the deed as co-purchasers, if both spouses wish to benefit fairly after separation.
Don’t believe the myth that if your common-law spouse dies or becomes disabled, you as the surviving spouse will inherit his or her assets. Your common-law spouse’s family will have the right to exclude you from medical decision-making or inheriting property. Rights to a family residence and family assets are granted to legally married couples only.
The accepted definition of common law marriage goes far beyond simple cohabitation. It is a relationship in which the couple lives together for a certain period of time (one year in most states), present themselves as a married couple (e.g., adopt the same last name), intend to marry legally, and file a joint tax return. If spouses who are married by common law decide to end the partnership, they will require a legal divorce.
The concept of common law marriage originated in the Middle Ages, when travel was difficult, and priests or justices could not always be present to perform marriages in rural areas. Today, that is no longer a valid reason, and many states no longer recognize common law marriages. The states that do recognize common law marriage may place restrictions, such as reserving the recognition of such a marriage for inheritance purposes only.
If you want your relationship with a partner you are living with to be officially recognized, you will need to comply with the laws in the state where you reside. In common law states, your relationship is treated like any other marriage, and states with no common-law marriages are constitutionally required (under the “full faith and credit” rule) to recognize a marriage that is valid under another state’s laws.
The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.