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Common Law Marriage Fact Sheet

PLEASE NOTE: No attorneys work at Unmarried Equality, so we are unable to give legal advice on any personal situations.  If you have additional questions about common law marriage in your state, seek the assistance of a lawyer.

The Myth

There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.

States That Recognize Common Law Marriage

Only a few states recognize common law marriages, and each has specific stipulations as to what relationships are included:

  • 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 (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
  • Pennsylvania (if created before 1/1/05)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah
If you live in a State that Does Recognize Common Law Marriage

If you live in one of the above states and you “hold yourself out to be married” (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see Legal Information and Resources by State). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as “regular” married couples. If you live in one of the common law states and don’t want your relationship to become a common law marriage, you must be clear that it is your intention not to marry. The attorneys who wrote Living Together (additional information below) recommend an agreement in writing that both partners sign and date: “Jane Smith and John Doe agree as follows: That they’ve been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise.”

If You Live in a State that Does Not Recognize Common Law Marriage

There is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don’t recommend experimenting with it!

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I'm not sure of the laws there but here, once you reside with your partner/lover for a year you are considered married - common law, and usually that means she is entitled to half of the combined assets, ie the house.

 

You should do some research on how the law in your state would deal with splitting the property in a common law relationship BEFORE you let her move in or it could be a very expensive lesson.

 

I think one of the biggest mistakes young men make diving head first into a relationshp with a woman is that they don't consider that who she is now and how she thinks/behaves could possibly change down the road at some point and you will not like each other very much. This has happened countless times. Men who thought their wives were sweet innocent creatures got a rude wake up call once the honeymoon was over.

Does common law marriage in Pennsylvania still exist?

Yes and no. As of January 2, 2005, common law marriage has been abolished in Pennsylvania. That means that Pennsylvania does not recognize any common law marriage entered into after January 2, 2005. However, couples who entered into a common law marriage before January 2, 2005, are still recognized as married.

 

This is all I've found.  Is that what you mean?

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eh, not really. i would insist on paying regardless.

 

she doesn't use uber when she's not with me/visiting me. she doesn't buy things with my credit card on amazon when they are for her; she buys them herself and just uses my prime account. 

 

i'm old fashion in terms of paying; i've paid for pretty much every date in my life even if the other person insisted over and over. 

 

Sure, I'm often like that myself but all it takes is once to get fucked over.  And you usually don't see it coming.

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This is where I think Boat brought up a good point.  Does paying half of property taxes give her any equity in the house, or is it a "fee" like a water bill, sewer fee, etc.  And no, if we ever broke up and weren't married, the house is 100% mine.  Unless I'm missing something.  

 

 

Just have her quickpay you a set 400-500 whatever a month.  Keep all the bills in your name.  Get her a PO box for mail.

You should be all set and have nothing to worry about.

 

You're not missing anything.  Enjoy your house and enjoy your significant other, you're making a great decision to live together and get to know her better.  You'll boot her within a year if you find out you hate her and all you did was waste sometime, you lost nothing.

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Sure, I'm often like that myself but all it takes is once to get fucked over.  And you usually don't see it coming.

yeah, i hear you but i always figured it this way... vacation? Well I was going to go anyway; i was going to book a house/room anyway. she paid for her flights. I was going to go to this place or that place. sure, now dinner costs double... she doesn't really drink so the bar costs the same - just me. movies/bowling double sure, but i would go anyway. some things cost more, but they were things i was going to do anyway. she's already talked about buying her own car - looking into it - for here when she moves back. she's already bought some stuff for the condo; although i'm sure it was as much to mark her territory and make it more aesthetically pleasing for her benefits as it was to be nice but still. we'll see.

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Just have her quickpay you a set 400-500 whatever a month.  Keep all the bills in your name.  Get her a PO box for mail.

You should be all set and have nothing to worry about.

 

You're not missing anything.  Enjoy your house and enjoy your significant other, you're making a great decision to live together and get to know her better.  You'll boot her within a year if you find out you hate her and all you did was waste sometime, you lost nothing.

 

This.  Win-win.

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Guest pocketrockets

my money is your money; when it comes to marriage, imo.

 

so if she doesn't pay anything for the house at the moment, who cares? down the road, the money she saved will become the money you've earned as well. if it doesn't work out, you just chalk it up to a relationship expense. be grateful she insists on splitting things... i don't know what that's like.

 

Timely from what I saw in the picture she is really pretty.

 

I take this is the 1st time you´ve slept/dated with a Colombian girl?

 

 

Be weary. The 1st Colombian gal I slept with I fell in love with. It was the best sex ive had up to that point (i was 24) and so I was like a moron with her... When I was riding her I remember saying to myself "this shit is like the 1st time I rode on space mountain; EPIC"... (she had an Esperanza Gomez thing going on in her looks, body was amazing, super curvy).

 

After 1 month she was staying with me on my place for free 4-5 days a week (she was a webcam model so she spent days at home chaturbating or whatever it was while I was at the office)... until one day after a bad fight I came home to find out she left with my "bills/rent" envelope and my laptop. Blocked me from everything and never saw her again. That went well.

 

Lasted 2 months and a half.

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Timely from what I saw in the picture she is really pretty.

 

I take this is the 1st time you´ve slept/dated with a Colombian girl?

 

 

Be weary. The 1st Colombian gal I slept with I fell in love with. It was the best sex ive had up to that point (i was 24) and so I was like a moron with her... When I was riding her I remember saying to myself "this shit is like the 1st time I rode on space mountain; EPIC"... (she had an Esperanza Gomez thing going on in her looks, body was amazing, super curvy).

 

After 1 month she was staying with me on my place for free 4-5 days a week (she was a webcam model so she spent days at home chaturbating or whatever it was while I was at the office)... until one day after a bad fight I came home to find out she left with my "bills/rent" envelope and my laptop. Blocked me from everything and never saw her again. That went well.

 

Lasted 2 months and a half.

i tend to not lump entire groups of people together. we've been together about half a year so certainly don't know everything about her or anyone at that point; we are adults with jobs living in the US currently. she's not going to steal my money and run off. she comes from a family with money. the worst part about her is she's a little too clingy for what i'm used to... and she's emotional to the 10th.

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Guest pocketrockets

i tend to not lump entire groups of people together. we've been together about half a year so certainly don't know everything about her or anyone at that point; we are adults with jobs living in the US currently. she's not going to steal my money and run off. she comes from a family with money. the worst part about her is she's a little too clingy for what i'm used to... and she's emotional to the 10th.

 

didnt mean to offend your girl bro... just wanted to make sure we are aware Colombian girls are wizards in the sack and that can make you do/say stupid things, I  think we 3 can all agree best sex we ever had was with a colombian girl...

 

and yeah the stealing part lol... she was a webcam porn model what should I expect? just telling you an awful story that I can now laugh about as a general warning... latin women, especially colombians and costa ricans are not be trusted 100%

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didnt mean to offend your girl bro... just wanted to make sure we are aware Colombian girls are wizards in the sack and that can make you do/say stupid things, I  think we 3 can all agree best sex we ever had was with a colombian girl...

 

and yeah the stealing part lol... she was a webcam porn model what should I expect? just telling you an awful story that I can now laugh about as a general warning... latin women, especially colombians and costa ricans are not be trusted 100%

 

I would word it differently.

 

Women with lots of options ie attractive women are not to be trusted, its in their nature to always be open to a better deal.

 

There are plenty of "hungry" men around to make life easy for them.

 

Golden rule: "she was never yours, it was just your turn".

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Guest pocketrockets

I would word it differently.

 

Women with lots of options ie attractive women are not to be trusted, its in their nature to always be open to a better deal.

 

There are plenty of "hungry" men around to make life easy for them.

 

Golden rule: "she was never yours, it was just your turn".

 

yeah I kinda see it that way now too... i dont believe in love or any of that shit

 

is not real, not in this day and age, and yes some people rarely fall in love and "make it" but is not a smart bet to expect the same for you (talking in general here)

 

I dont let this bother me anymore.

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didnt mean to offend your girl bro... just wanted to make sure we are aware Colombian girls are wizards in the sack and that can make you do/say stupid things, I  think we 3 can all agree best sex we ever had was with a colombian girl...

 

and yeah the stealing part lol... she was a webcam porn model what should I expect? just telling you an awful story that I can now laugh about as a general warning... latin women, especially colombians and costa ricans are not be trusted 100%

nah

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