alabama common law marriage

alabama common law marriage
During a radio talkshow appearance, a caller told me about his unfortunate brush with the legal fiction of common-law marriage. He was living with a woman for several weeks, when he came home one evening to find , the woman, his TV and various other property missing. He called the police, who mistakenly, that the woman was his common law wife and so she could not help him.

The qualification for a common law marriage? Make your choice:

1. Leaving too many clothes at your girlfriend's house?
2. The coexistence of six months
3. Living together seven years?

The chances are you once again, the third answer, but all three reactions are just wrong. A common misconception is that the length of cohabitation creates common-law status. That is not true.

Three elements are necessary, and no relationship to a time frame. A few have

1. Live together
2. Agree for the marriage
3. Introduce yourself as married (also known as "holding out").

The agreement in the second element is not written, they can be by the conduct of the parties. Signing leases as husband and wife or filing joint tax returns are examples of the evidence used to arrive at a common-law marriage.

In the above example the police, like most people who are completely wrong.

Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Iceland, South Carolina, Texas, Utah and DC recognize common-law marriages. Ohio repealed its recognition in 1992. Pennsylvania has just abolished. Other states may recognize informal marriage if they had originally contracted within one of these states.

In the past, common law marriage was often on the lower socio-economic rungs of the ladder. However, celebrities are often the news with claims by their live-ins of this status.

If you are worried 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 Marriage Equivalent Handbook", "The Marriage Handbook" and "Love After 50": the full legal and financial leaders. She has helped thousands of people build successful relationships.

info@loveandthelaw.com