# What Every Couple Needs to Know About Common Law Marriage



## Administrator (May 8, 2013)

The concept of common law marriage dates all the way back to medieval times and it came about due to challenges with transportation. A cleric or judge wasn’t always around to perform a wedding ceremony, so couples were able to declare themselves married by “common law”. Common law marriage still exists today but there are a lot of myths and misconceptions about it. Keep reading to learn the truth. 
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Common Myths About Common Law Marriage*

There is a lot of misinformation out there about common law marriage. If you want to protect yourself, you’ll need to learn the truth. Here are some of the most common myths and misconceptions:

1.	*If you live together for 7 years, you are automatically in a common law marriage*. This is the most common myth about common law marriage yet it is not true in any of the United States. 

2.	*Cohabitation alone is not enough to constitute a common law marriage*. While there is no set number of years required, cohabitation is an important element in common law marriage. A couple must also exhibit actions that shows that they regard themselves as a married couple – the wife might take the husband’s name or they might file joint taxes. 

3.	*Property will be split evenly in the event of a separation.* In a common law marriage, property legally belongs to the person who owns it. In the event of a separation, the owner of a shared residence might choose to sell or mortgage the property without consent from the other partner. 

4.	*Children born to common law couples must be adopted.* A child born to a common law couple has the same rights as a child born to a legally married couple. As long as both partners acknowledge the child as their own, it is legally so. 

5.	*A divorce is not required if a common law couple decide to separate.* Though the two vary in many ways legally, you’ll still need a legal divorce if you choose to separate as a common law couple. Common law marriage is easier to get into, but just as difficult to get out of as a normal marriage.

*How to Protect Yourself in Common Law Marriage *

A common law marriage does not require a legal ceremony, but there are certain requirements – it is also important to note that common law marriage is only allowed in certain states. States that recognize common law marriage include Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. If you live in one of these states, you can have a common law marriage if you “hold yourself out to be married” by taking certain actions – telling people you are married, using the same last name, calling each other husband and wife, and filing joint taxes. 

If you become common law married, things can become complicated if you eventually split up. For example, it may be difficult to separate shared accounts or to determine who owns what. If you do not want to become common law married and you want to protect yourself, you need to make it clear that your intention is never to marry – you can write and sign an agreement stating that fact. This is called a domestic contract or a prenuptial agreement. You also need to keep your resources separate and state in your domestic contract who owns what. 

Common law marriage can be a great option for two people who want to live like a married couple but who don’t want to go through the legal proceedings. For people who do not want to live like a married couple, however, you may need to take certain actions to protect yourself against falling into a common law marriage.

~ VS Glen Community Support


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