How to Have a Common-Law Marriage

Common-law marriages occur when a couple has lived together for a length of time; they are then considered to be legally married.

Difficulty: Moderately Easy

Instructions

1. Understand that a common-law marriage exists when two people (male and female only) have lived together as husband and wife, without having been formally married, for a certain time period.

2. Know that common-law marriages are not recognized in all states and that the length of time required differs. Ten years is the most common time requirement.

3. Realize that the couple is considered to be legally married only after they have lived together for the full time period.

4. Recognize that the couple then has the same rights as any other married couple. They can inherit from each other, make medical decisions for each other and not be required to testify against each other. They can divorce and have their property divided according to the laws of their state.

5. Be aware that living apart may erase the years accumulated toward a common-law marriage. The time-period measurement will have to start anew.

6. Consult the laws of your state to determine if your state recognizes common-law marriages and if so what the time period is.

Tips & Warnings

• It always makes more sense to get married than to try to have a common-law marriage, unless you are trying to avoid having to pay alimony in the future.

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