Questions regarding common-law relationships...

[NathanBWF]

So me and the gf have been living together for almost 6 months now and this got me thinking about common-law relationships. First of all, after a certain period of time are you automatically considered common-law (and how long is that time period), or do you have to do some paper work and what not?

Also, in a common-law relationship can the woman take half of the guys stuff if she decides to leave him like they can in a divorce?

Basically I want to make sure that in the future if she decides to split that she won't be taking 1/2 of my sh!t with her...

Oh yeah, I live in Canada. Not sure if the rules are the same as the states or not...

 

[NakaNaka]

Well I don't know how it is in Canada, but in the U.S., the common law marriage thing varies by state to state, and it's nothing close to 6 months, it's like 7 years.

Edit: Seems in Canada it's closer to a year. Google is your friend.

Common-law partner

You are a common-law partner?either of opposite sex or same-sex?if you have been living with your sponsor in a conjugal relationship for at least one year. The year of living together must be a continuous 12-month period and cannot be intermittent periods that add up to one year. However, you are allowed temporary absences for short periods of time for business travel or family reasons.

You will have to provide documents that prove that you and your common-law partner have combined your affairs and have set up your household together in one home. This could include:

* joint bank accounts or credit cards;
* joint ownership of a home;
* joint residential leases;
* joint rental receipts;
* joint utilities (electricity, gas, telephone);
* joint management of household expenses;
* proof of joint purchases, especially for household items; or
* correspondence addressed to either person or both people at the same address

 

[BriGy86]

i heard it was something like 7 years

i could be wrong though

 

[torpid]

I am pretty sure you have to represent yourself as a married couple in order to even be considered married by common law. In the US, that is.

 

[BriGy86]

ok how do you represent yourself that way then?

 

[azazyel]

Thankfully they don't have common law marriages in Washington.

 

[torpid]

Originally posted by: BriGy86
ok how do you represent yourself that way then?

By having the same last name and referring to each other as husband and wife. Usually you have the intent to get married at some point as well.

 

[sixone]

Originally posted by: torpid

Originally posted by: BriGy86
ok how do you represent yourself that way then?

By having the same last name and referring to each other as husband and wife. Usually you have the intent to get married at some point as well.

In Kansas, you don't have to have the same last name, but you do have to advertise that you consider her your wife, and she considers you her husband. You also have to file tax returns with married status, whether joint or separate.

Because Kansas recognizes common-law marriages, if you have a valid one, the state will not later recognize a marriage ceremony, as you were already in a legally valid marriage. IIRC, a standard divorce would be required to dissolve the marriage.

Even just living together, she could still get you for palimony, if that's legal in Canada?

Get a lawyer for good advice that applies to your local laws and your specific situation. If you're not ready to be married in every sense of the word, cover your a$$. And quick like.

 

[kranky]

There is no other correct answer to this question other than consult a lawyer where you live. If you are seriously concerned that someday this person can take half your stuff, then you better get an authoritative answer.

 

[Jzero]

Originally posted by: kranky
There is no other correct answer to this question other than consult a lawyer where you live. If you are seriously concerned that someday this person can take half your stuff, then you better get an authoritative answer.

I was leaning more towards "get out of the relationship!"

 

[KarenMarie]

Common law marriage laws vary from state to state. Most states have 7yr. recognition. Other states have no recognition at all.

But none of that matters at all. If you have reciepts that show you paid bills and shared responsibility... that is all you would need in court. If you are looking for other 'benefits' such as power of attorney in dire instances, beneficary in insurance (God forbid something happens) and the other stuff that is taken for granted between married ppl... they are available to anyone... all it takes it a trip to the lawyer, or a do-it-yourself contract.

 

[Sphexi]

I could've sworn that common law marraige was pretty much not legal anymore. You can still call yourself it after a certain amount of time, but I thought I read somewhere (while researching for the same reason) that it was no longer a legally recognized commitment.

 

[sixone]

Originally posted by: Sphexi
I could've sworn that common law marraige was pretty much not legal anymore. You can still call yourself it after a certain amount of time, but I thought I read somewhere (while researching for the same reason) that it was no longer a legally recognized commitment.

Depends on where you live.

 

[So]

Yeah, you're safe for the moment.

 

[Metron]

Allow me to scare all of the ATOT men who live in Texas:

In Texas, you are "common law married" once you:

1) Recognize each other as husband and wife (Sue, You are my wife...)
2) Present yourselves as husband and wife to other people (Meet my wife, Sue... )
3) Live together (length of time is irrelevant!)

*edit*
Oh, and even if you just live together... she can still take all of your belongings in Texas, since they become "community property." You'll still have to sue her in small claims court to get your personal property back.

 

[Vic]

Oregon does not recognize common law marriage. Good thing, as my GF and I have been living together for 7 years.

 

[KarenMarie]

Originally posted by: Vic
Oregon does not recognize common law marriage. Good thing, as my GF and I have been living together for 7 years.

almost 6yrs for the b/f and me. there is no legal common law in NJ.

but we have joint credit cards... i pay all the household bills and we have all life insurance policies, bank account and next of kinship shared with/direct at each other. This is actually better than common law....

the way we have it WE decide how things are gonna go... if we got married, the state would have a say, too.