a common law marriage

a common law marriage
Back in the early days of our country, if the judge the peace and clergy were harder to find and the population is distributed, it was the concept of" common law "marriage. The basic idea was that if a man and a woman gave to the community as married, and as a man and woman in all their dealings with the public and themselves, then the law would recognize them as such.

At the present time, only about a dozen states still recognize common law marriage, which according to its own laws. Under the U.S. Constitution is "full faith and credit", but also a common law marriage valid in a dozen states this is considered a legal marriage in all other states.

Unfortunately, because there is no piece of paper, on whether a couple are considered married for purposes of state law (and thus the federal government, the Law on the State following this provision) is a facts and circumstances test.

Here are some of the factors that judges have dealt with in a provision that a couple were married at common law:

* Living Together
* Operation to be married with the general Community
* Exchange of rings
* Participation in national holidays and family events together
* Combined travel
* Filing taxes as married persons
* Completion of the medical data as married
* Sharing of domestic responsibilities

Here are some factors that are against a couple in a common law marriage:

* The reference to their female partner as her "friend" or "partner" in the field of medical staff
* Failure of a partner to indicate she was married, when applying for a mortgage
* Holding itself as married only to a small circle of friends and colleagues, but not the general Community

Because tax returns are under the penalties of perjury that they are very convincing to a court for this conclusion.

Why is this so important? There are many legal consequences, rights and obligations, based on a determination of marital status. For example:

* A surviving spouse is entitled to a certain percentage of a deceased spouse's estate if the spouse dies without a will, as if unmarried, the surviving "spouse" gets nothing.
* A surviving spouse is entitled to a certain percentage of a deceased spouse's estate if the spouse is one or is omitted, but little to the other "spouse", which is called an "elective share" and could be as much as 50% of the deceased spouse's estate.
* For larger estates, only a legal spouse is entitled to the unlimited marital deduction, saving thousands of dollars in property taxes.
* Only spouses can file income taxes as "married filing jointly." "
* Only a legal spouse would have certain rights and access to medical records of the federal and national laws.
* Only a legal spouse entitled to Social Security in the amount of a deceased spouse.

Sometimes it's actually better not to decide to be married. For example, a healthy spouse's assets must be "spent down" to a disabled spouse residing in a nursing home before Medicaid coverage of nursing home costs may be. If the couple is not married, then only the nursing home partner's assets are counted, the protection for an unlimited number of assets of the healthy partner.

As you see, is important, monetary and other benefits turn on the legal question of whether or not it was a common law marriage. In most cases, there are benefits for the spouse, in some cases, there are drawbacks. In any case, this should be thought through by the couple so that they are not caught is not known! If you have any doubts, the couple should be downtown and sign that little piece of paper indicating they are officially married. That would end all questions!

© 2007 by K. Gabriel Heiser

Attorney K. Gabriel Heiser has in his practice to Medicaid planning, elderly law, and succession planning for the past 23 years.
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