The legal fiction of common law marriage
?>
Download eBooks and Software
 Moviescapital.com - The Number 1 Movie Downloads Site On CB!
Make A Killing With The Only Legal & Real Unlimited Movie Downloads Site!now With Aff Bonuses. All Moviescapital Movies Are Licensed And Downloaded Directly From Our Servers. We Are In The Top 100 CB Vendors! Coversions Sky Rocket! 75% Commission
New! Isatellitelink - Movie Downloads + Stream Tv + Stream Downloader.
75% Commission+bonuses On Our New Killer App Isatellitelink.all In One Legal Movie Downloads + Brand New Stream Downloader Technology + Streaming Tv + Media Converter On A Conversion Optimized Website. Sales Video Available.from The Moviescapital Team
Restoring The Republic Ebook Series
Compare The Key Differences Between A Democracy And A Republic, Uncover Trojan Horses Being Used In American Society Today To Destabilize Free Enterprise And Promote Socialism And What Legal Safeguards The Founding Fathers Placed In The U.s.
Articles > Legal MattersThe legal fiction of common law marriage
by: Johnette Duff
During a radio-talk show appearance, a caller told me about his unfortunate brush with the legal fiction of common-law marriage. He had been living with a woman for several weeks when he came home one evening to find the woman, his TV and assorted other property missing. He called the police, who mistakenly informed him that the woman was his common-law wife and so they couldn’t help him.
What qualifies as a common-law marriage? Take your pick:
- Leaving too many clothes at your girlfriend’s house?
- Living together six months
- Living together seven years?
Chances are you picked the third answer, but all three response are equally wrong. A common misconception is that the length of cohabitation creates common-law status. This is not true.
Three elements are necessary and none relate to a time-frame. A couple must
- Live together
- Agree between themselves to be marriage
- Represent themselves as married (also called “holding-out.”)
The agreement in the second element does not have to be written; it can be implied by the behavior of the parties. Signing leases as husband and wife or filing joint income tax returns are examples of the proof used to imply a common-law marriage.
In the example above, the police, as are most people, were woefully misinformed.
Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and D.C. recognize common-law marriages. Ohio repealed its recognition in 1992. Pennsylvania has just now abolished it. Other states may recognize an informal marriage if it was originally contracted within one of these states.
In the past, common-law marriage was often seen on the lower socio-economic rungs of the ladder. However, celebrities often make the news with claims by their live-ins of this status.
If you are concerned about your own status, contact an attorney in your state for more information.
About The Author
Johnette Duff is a Matrimonial Attorney licensed to practice in the state of Texas. She is the author of “The Spousal Equivalent Handbook”, “The Marriage Handbook” and “Love After 50”: the complete legal and financial guide. She has helped thousands of individuals build successful relationships.
info@loveandthelaw.com
|
?>
News on Legal Matters
INVENSENSE, INC. PROVIDES LEGAL MATTERS UPDATE
SUNNYVALE, California, May 17, 2012 - InvenSense, Inc. (NYSE: INVN), today provided an update regarding certain legal matters. On May 16, 2012 ST Microelectronics, Inc. elected to file a complaint in the ... Legal Matters: State of Appeals Decision
That State of Appeals says that state owes a man who was wrongly accused of soliciting a prostitute. 50-year-old David... OCEANSIDE: Tri-City board to discuss potential litigation
Tri-City Medical Center will hold a closed-door special meeting at 11 a.m. Thursday to discuss several legal matters, including potential litigation involving a former executive at the public hospital. Johnston lawyers give free advice
Selma attorney Bob Denning, left, chats with a client about legal matters during "Ask-A-Lawyer Day" at the Johnston County Courthouse. Smithfield attorney Martin Tetreault, right, was among the Johnston County Bar Association members offering free legal advice during "Ask-A-Lawyer Day." Legal Matters: Legal issues abound in telecommuting
As telecommuting grows in acceptance, employers will need to keep in mind the legal issues that come with this growing work arrangement.
|
