You may have heard the term “common law marriage” a few times before, and you might be curious about what exactly that means. How does it differ from other marriages? And is it valid? Surprisingly, some states still recognize this form of marriage, ten different states and provinces to be exact. Common law is an older form of marriage which came about in Greek and Roman civilization. Essentially, it recognized the marriage without having to allow the state to recognize it….
Common Law Marriage: How is it Different?
Basically, common law marriage occurs when a couple lives together for a long time. The most common time limit is seven years, and the couple must represent themselves as married. However, couple don’t receive benefits just by living together. In fact, people live together all the time without agreeing to a common law marriage. Rather, you need certain requirements for the state to name it a common law marriage.
Meeting the requirements
First, obviously, the couple lives together. Second, you cannot have another marriage. Third, the couple wants to be married. And finally, the couple acknowledges their marriage.
The most difficult requirement is the couple holding themselves out to the public as married. Often, there are multiple ways to analyze if the couple is acting like they are married. For example, a financial history indicates a common law marriage. If the couple has joint checking accounts and files joint tax returns, that indicates their status as married. Another example is signatures. If the couple regularly signs paperwork together, that indicates common law marriage. Finally, courts look at small details such as hotel records. If the couple regularly stays together at hotels while traveling, that indicates common law marriage.
How is Common Law Marriage Different?
What differences should you be aware of? Although the institution of marriage remains the same, couple have different rights if they break-up. Alimony, children, and property are all affected differently by common law marriages in the event of a divorce. Otherwise, common law marriages share the same status and rights as regular marriage. You are married in all ways physically and emotionally, therefore if you live in a state that sees this type of marriage as valid— it’s a very viable option!
