How many of you out there know someone or are common law married?
Find answers to your legal question.
How many of you out there know someone or are common law married?
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my bf and i want to do this bc i dont want to lose most of my ssi check i am going to try to get off of it in the fall but until then we want to do this - so i am just curious as to how many people out there are also doing this common law thing ?
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sunbun
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There are only a few states that recognize common law and my state TEXAS is one of them. However, there are still requirements that must be met to be considered common law.
One must reside in the same residence for a minimum of 6 months.
The two parties must have a combined checking account or savings account with both names on the account.
You must introduce yourselves as man and wife.
If you do NOT do ALL of the above, you cannot be considered common law man and wife---at least in my state of TEXAS
Cham, I am only repeating what my attorney told me as I was once in that situation and my "live in" tried to get me for common law married. Of which, he could not as we did not qualify for all three. This was presented in a court of law in front of the judge. So, I will choose to believe what the judge and the attorney told me in court. Perhaps your situation was not in TEXAS. This took place in the year 2005. |
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phoster
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many states no longer recognize common law marriage. i know ohio is one. you would have to know if your state even recognizes it. |
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Cham
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Sunbun - You are terribly incorrect.
In Texas, the 3 prong test requires these things.
1. Must agree to be married
2. Cohabitate
3. Hold out to others that you are married.
There is no time requirement to cohabitate, only that you do. Everything else is terribly incorrect.
What you are trying to do, will serve NO purpose. The only time common law marriage matters is when they decide to petition for proof of marriage and divorce. Or you plan on filing with the court to prove you're married to gain the benefits.
My situation is Texas as I am graduating next month with my Juris Doctorate, from Texas. Not only that, but you had a horrible attorney if he told you that as the Texas Family Code reads as follows:
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. |
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