Quote:
Originally Posted by pixichik77
Pardon, merely being facetious. It should still be a point to consider. Some gals don't realize they might live in a common lay state, and may get a nasty surprise a few years down the road. On the other hand, some peeps assume they have legal control over their partner in an accident/emergency and don't. My point (veiled in sarcasm) was to be informed.
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Right, BUT, you have to act as a couple.
Common law marriage (and it's variants) will only come into play in situations where being married grants you rights.
Example 1: Your partner wants to leave you (or you want to leave them). If you've been living together, and have been doing things as a couple, you could claim common law marriage, and spousal benefits that go along with a actual divorce. In this case it would be incumbent on you as the party claiming common law, to prove that you were for all intents and purposes, living together as a married couple. Perhaps children with the father's last name, friends that could testify that they believed you were married, joint bank accounts, joint tax filings, etc.
However, just co-habitation alone isn't enough to prove common law marriage. Even if it's been going on for several years.
Other instances could be when your partner is sick, and making health decisions. You could use common law (and again you'd prolly have to prove it) to gain spousal rights to making medical decisions on his behalf. etc.
It's a very common (but wrong) belief, that if you just live with someone for like seven years, your automatically married. I was just clarifying that incorrect assumption.
Also other states that dont have common law marriage, may have other things such a domestic partnership laws, and such. But again, in order to gain the legal rights tat go along with these laws, you have to be able to document and prove that your acting as a couple, and not just "dating."