Wednesday, November 23, 2011

What does Common law husband and wife mean?

Not legally married? I really need some help to fill out a government application. So How do I know what common law husband means?What does Common law husband and wife mean?
In the state of Texas if a couple holds themselves to be married to the public and if they live with each other as a married couple for at least one year then they are considered married by Common Law.





This law descends from English Common Law and was developed in a time when getting married was very hard to do if you were on the frontier or away from society for an extended period.





Most states no longer honor the Common Law marriage, because there is no Common Divorce. They do honor the idea of Common Property. Common Property means that each member of the marriage owns all the assets equally, and if divorce forces a division of those resources they must be divided equally.





Here are the states that still honor Common Law Marriages:


Alabama


Colorado


District of Columbia


Georgia (if created before 1/1/97)


Idaho (if created before 1/1/96)


Iowa


Kansas


Montana


New Hampshire (for inheritance purposes only)


Ohio (if created before 10/10/91)


Oklahoma


Pennsylvania


Rhode Island


South Carolina


Texas


Utah





Those states that have a time limit are states that no longer accept new Common Law Marriages.





The problem with a Common Law Marriage is that it is so easy for a couple to fall into one. If a couple lives together for over 1 year and they stayed at a hotel where they signed in as Mr. and Mrs. then they can be considered married.





Today a Common Law Marriage must fulfill these requirements:


路 live together for a significant period of time (not defined in any state)


路 hold themselves out as a married couple -- typically this means using the same last name, referring to the other as ';my husband'; or ';my wife,'; and filing a joint tax return, and


路 intend to be married.What does Common law husband and wife mean?
First off there really isn't a legal definition for common law husband. As you are probably aware, there is a relationship state called a ';common law marriage';. Many states do not recognize this type of living arrangement.





Your request to define common law husband might be the applications way of asking you to giving your ';pseudo'; hubby's name.





Where I live in Texas the common law marriage is still recognized. There are other types of relationships and these can be called domestic partner relationships. They can be either heterosexual (straight) or homosexual. My friend in Florida chose not to be married but this state does not recognize the common law marriage. Her ';spouse'; is known as her domestic partner. He has been with her for over 17 years.
I want to tell a story that could indicate some difficulty with common law marriages. I knew a woman who was living with a guy. He needed to get hospitalization insurance, and he made arrangements to have her employer list him as a common law husband because it was cheaper to buy insurance through her employer than it was for him to try to buy Blue Cross/Blue Shield on his own. After about 18 months, they split up. She went to her employer's personnel department with the idea of dropping him from the insurance coverage because he was no longer providing the money, and she was not going to pay for it on her own. The personnel officer told her that she needed to get a divorce in order to drop this guy from her hospitalization insurance. Divorce or death are the only two ways common law marriages can end.





The moral of the story is to know what you are getting into. There is a difference between living together and being in a common law marriage. Research your state's law. Does your state recognize common law marriages? If it does, just remember that you are held to the standard of married people if you seek to assert common law marriage rights and privileges.





If you are living together, you are probably just living together. If you want a permanent relationship, do things the formal way. Don't fall into a trap just because a guy wants to sleep with you. Think about the future.
A minority of states recognize ';common law'; marriages. Each state will have different qualifications that must be met but usually:


The couple has lived together for a period of time;


They have presented themselves as husband and wife (can be as little as registered into a hotel as Mr. and Mrs.);


They treated their relationship as a committed one.





What does it mean? If the state recognizes common law marriage, it means that the property/assets/and liabilities obtained or incurred during the relationship will be subject to a split just as if the parties had married, ie halfsies.
I am Canadian and after six month of sharing a home I am concidered, or choose to consider myself common law. I have all the rights of a wife in that I can be added to his health insurance, named on income tax as a dependant if necessary etc.


In Canada we are given all the rights of wives without the marriage license, which as some men consider it chattel is a good thing.


21 years, not legally married. Common law (I perfer) partner.
In some states if you live togeather for a certain period of time and hold yourself out to the community as husband and wife you have entered into a common law marriage. It is not recognized in the majority of the states.
you and the other person have lived together under the same roof for at least seven years. Two people of the opposite sex, that have no gotten married.

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