Common Law Marriage: Protection For Partners

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can be applied to a case. Common law promotes stability and consistency because everyone involved knows that the ultimate outcome will be based on previous case law and not on subjective, personal viewpoints. Common law has also been described as flexible, as it can respond to changes in society. In some common law jurisdictions, a distinction is drawn between a corporation aggregate and a corporation sole, which is a public office of legal personality separated from the individual holding the office. In the context of common law, a person can be defined as a natural person or an artificial personality, with the latter referring to a non-living entity regarded by law as having the status of personhood.

Characteristics and Values of Common Law Marriage

Common-law marriages are recognised in eight US states, plus Washington, D.C

In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is still recognised in some states. Common-law marriage has existed since the colonial days when America was a colony of England.

Common-law marriage is currently recognised in eight US states, plus Washington, D.C. These include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. However, there are nuances for many of these states. For example, Oklahoma has conflicting laws, and New Hampshire only recognises common-law marriage for inheritance purposes. Additionally, the status of common-law marriage in Utah is unclear, with government websites claiming it does not exist, while other legal sources state that "non-matrimonial relationships" may be recognised as marriages under certain conditions.

To establish a common-law marriage, couples must meet the basic requirements under the marriage laws in their state, such as being of legal age and having the mental capacity to marry. They must also present themselves as a married couple to their family, friends, and the larger community, using terms like "husband," "wife," or "spouse" when referring to each other.

It is important to note that most states in the U.S. have stopped allowing common-law marriages through either their laws or court decisions. However, all states should recognise common-law marriages that were established in other states that allow them.

Same-sex couples can be common-law married

In the United States, common-law marriage has existed since colonial times, when America was a colony of England. While most states have stopped allowing these informal marriages, there are still some that recognize common-law marriages. These include Colorado, Kansas, Montana, Texas, and New Hampshire (for the limited purpose of inheriting property from a deceased partner). Additionally, Washington, D.C. also allows common-law marriages.

Texas, for example, recognizes common-law marriages for same-sex couples. There is no requirement for the couple to be together for a specific period before they can declare themselves to be in a common-law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements. These elements include cohabitation, the legal right or "capacity to marry," and presenting yourselves as a married couple to the community.

In a similar case in South Carolina, a family court judge ruled that Obergefell v. Hodges applies retroactively, and a recently separated same-sex couple was recognized as being common-law married since 1987. This was believed to be the first time a judge had applied the Supreme Court ruling retroactively to find a same-sex common-law marriage.

Common-law marriages are no longer common

Common-law marriages are indeed not very common anymore. In the United States, common-law marriages have existed since colonial days, but over the years, most states have stopped allowing these informal marriages through laws or court decisions. While common-law marriages are still recognised in some states, the number is small, and the requirements to qualify as common-law married are stringent.

A common misconception is that a couple is automatically considered common-law married after living together for seven or ten years. However, this is not true, and there is no statutory requirement for the length of time a couple needs to live together. The amount of time a couple lives together is considered on a case-by-case basis, and while it can strengthen their case, it is not the only factor.

To be considered a common-law marriage, both partners must have the legal right and capacity to marry, which includes being at least 18 years old and of sound mind, and not already being married to other people. They must also demonstrate the intention to be married and behave as a married couple by referring to each other as "husband", "wife", or "spouse" and presenting themselves as such to their community, family, and friends.

While the requirements for common-law marriage vary across states, it is important to note that all states should recognise common-law marriages established in other states that allow them. This means that if a couple is common-law married in a state that recognises such marriages, their marriage is still valid if they move to a state that does not ordinarily allow them. Additionally, states that do not have common-law marriages cannot deny common-law marriages from other states, as the Full Faith and Credit Clause in the United States Constitution prevents this.

Couples in common-law marriages have the same legal obligations as married couples

In the United States, common-law marriage has existed since colonial times when America was a colony of England. Common-law marriage, also known as informal marriage, is a marriage that is established without legal formalities such as a marriage license or a religious or civil ceremony. In other words, a couple is considered to be in a common-law marriage when they live together for a period of time and hold themselves out to friends, family, and the community as a married couple.

It is important to note that common-law marriage is not recognized in all states in the U.S. Only eight states and Washington, D.C. currently allow couples to establish new common-law marriages. Some other states recognize common-law marriages that existed before a certain date, and one state recognizes them for limited purposes, such as inheriting property from a deceased partner. Additionally, all states should recognize common-law marriages that were established in other states that allow them.

While common-law marriage is not recognized in some countries like Ireland and Quebec, there may be alternative ways for unmarried couples to obtain certain rights. For example, in Ireland, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (in force between 2010 and 2015) granted some rights to unmarried cohabitants. Similarly, in Quebec, while common-law couples do not have the same rights as married couples, a 2002 amendment to the Civil Code recognizes a type of domestic partnership called a civil union that is similar to marriage and is available to both opposite-sex and same-sex partners.

Common-law marriages can be proven with documents like lease agreements

In the United States, common-law marriage has existed since colonial times when America was a colony of England. While most states have stopped allowing these informal marriages, there are still a few that recognize them. These include Colorado, Kansas, Montana, Texas, and Washington, D.C.

To prove a common-law marriage, certain requirements must be met, such as being old enough to get married and having the mental capacity to enter into a marriage. Additionally, couples must demonstrate their intention to be in a common-law marriage. This can include presenting themselves as a married couple to family, friends, and the community, and using words like "husband," "wife," or "spouse" when referring to each other, both informally and in documents.

Documents such as lease agreements, loan applications, insurance forms, tax returns, and insurance policies can be used to demonstrate this intention and prove a common-law marriage. These documents can be crucial in court proceedings, especially if there is a dispute about the existence of a common-law marriage. For example, in Texas, there is a two-year statute of limitations for filing court proceedings to prove a common-law marriage.

It is important to note that cohabitation as an unmarried couple is generally not enough to establish a common-law marriage. Judges consider various factors and make decisions based on the total picture, which can sometimes make it complicated to prove a valid common-law marriage. Therefore, consulting an experienced family law attorney is advisable to understand the specific requirements and protections of common-law marriage in your state.

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