Whether or not you have a legal marriage determines many things. These include items of property ownership, spousal benefits, rights of survivorship, etc. In some instances you may even need to provide a marriage license or affidavits (showing a common law marriage) to prove your marriage relationship. It can be important to know if you have a common law marriage or not.
In the United States, state laws govern laws of marriage. States dictate certain things like the age at which someone can get married, and that you can’t marry too close of a relative. They also can require certain things prior to official state recognition. That’s where the issue of a common law marriage comes in.
Rather than having a ceremony with a legally authorized person performing it and signing the paperwork, having blood tests and a waiting period, and other requirements, a couple can do their own “marriage.” Whether or not it is truly a common law marriage and acknowledged by the government is dependent on several things.
You’re Old Enough To Be Married
If you’re underage, forget it. No common law marriage for you, at least not yet. Legally, to have a common law marriage you must be old enough to be married, or have your parent’s permission to be married.
You Live In The “Right” State
Only certain states allow common law marriages. These states are: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. Some of these only recognize common law marriages that were created prior to a certain date.
You Are Cohabitating
If you’ve been living together as husband and wife, it will strengthen your case that you have a common law marriage. While there are no hard and fast rules for the length of time, generally seven years is accepted.
You Act Married
Do your friends, neighbors, and relatives accept that you’re married? Do you refer to each other as “my husband” and “my wife”? Do you file joint tax returns? Do you share the same last name? These are all things to consider when you are determining if you act married.
You Want To Be Married
Even if all the conditions above are met, you will not be considered to have a common law marriage unless the two of you agree you want to be married. No one is forcing you to be married—you should want it.
How To Tell If You Have A Common Law Marriage, From The Love Shop
