Do my spouse and I qualify to a common law marriage?

Question

My spouse and I recently separated, but the day she put $30,000 down on a house which I inspected as a licensed home inspector. I inspected 5-6 houses looking for a home to her satisfaction, it is my profession part time. My belongings were packed up and taken to new home. She left me behind writing me a check for $1500 telling me to get an apartment. The garage items were being taken to storage and ended up getting stolen. She made insurance claim of the full 20 k contents policy and did receive a check, I just don't know for how much. She had me insures for multiple years on her health plan from work. I have emails sent to teachers, coaches and one she wrote to IRS stating I was her husband and needed forms to be released from previous taxes of a prior marriage. I was left without anything whatsoever from an 8 year relationship. I sold my truck giving her the $4,000 and drove a SUV we purchased at 30 k miles to $115 k, she didn't drive it at all. She just took it during the night. We also have a 5 year old son together. Does all the above qualify us a common law married.

James Peterson · Answer

Yes. Get a lawyer and sue for divorce.

Heidi Glaser · Answer

There is no common law marriage in California.  You may have a palimony case, which is a civil action and you would have a paternity matter, but that would not deal with co-owned assets and obligations.

Jessica Cotter · Answer

Arizona does not recognize what is termed a common law marriage entered into within Arizona.  If you reside in any of the states that do recognize common law marriage then yours may qualify.  You should consult with an experienced family law attorney in your area to review your specific facts.

Michael J. Breczinski · Answer

This depends on the State where this happened. Michigan does not have common law marriage, some States do.

James Smith · Answer

No common law marriage.  You might have an implied business partnership  or joint venture, but no marriage.

Brent Chipman · Answer

If you went through a marriage ceremony with your wife, you do not qualify as a "common law" marriage. You are married and you would file for a divorce from you spouse. A "common law" marriage" is a term for a relationship where a man and a woman are not married, but one where they have acquired a reputation as man and wife, and where they meet other requirements, including not being married to any one else at the time. In Utah, an action to determine if such a relationship will be recognized as a "common law" or "non-ceremonial" marriage must be commenced within one year of the termination of the relationship. Such an action allows the court to treat the parties as if they were married, and to enter a decree of divorce and other appropriate orders.

Helene Ellenbogen · Answer

There is no common law marriage in Washington. You can file a palimony (domestic partnership/cohabitation) suit to address the assets and liabilities and a parenting plan to establish a plan of when the child is with each parent.

Douglas Bryan · Answer

There is no such thing as a "common-law-marriage" in Louisiana.  If you haven't gone through a marriage ceremony recognized by Louisiana or some other state or government, you're not married under Louisiana law.

Joanna Mitchell · Answer

If you are in Florida, there is no common law marriage, regardless of the facts.

Thomas Edward Gates · Answer

It depends upon which state you live in. In Washington, there is no common law marriage.  You can petition the court to recognize the "marriage" by showing that you held yourself out as being married.

Diane Berger · Answer

Nebraska does not recognize common law marriage.  I do not know what state you are in so cannot answer your question if you are not in Nebraska.

Mark T. Peters · Answer

There is no common law marriage in Idaho anymore.

Barbara Peyton · Answer

Common law marriage does not exist in California.  Make an appointment with a good family law attorney in your area to see what rights you have.

J. Catchick · Answer

I am sorry to tell you that Michigan does NOT have common-law marriages.

Patrick "Leh" Meriwether · Answer

I am sorry to hear about your situation.  Unfortunately, if you began the relationship after January 1, 1997 in Georgia, then Georgia will not recognize the two of you as married.    Pursuant to O.C.G.A.  19-3-1.1, No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state. Thus, no common law marriage entered into in the state of Georgia on or after January 1, 1997 will be recognized with in the state. Only marriages entered into prior to this date still enjoy recognition.   In regards to your son, I would recommend that you legitimize him and establish a Parenting Plan as soon as possible.

Christopher Steuart · Answer

In many states that would qualify as a common law marriage.  In Washington state, there is no common law marriage, but there are court decisions that have created some of the effects of marriage from meretricious relationships.

Robert McCall · Answer

Florida does not recognize Common Law Marriage.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Do my spouse and I qualify to a common law marriage?

17 ANSWERS

Find Local Litigation Lawyers

Helpful Resources

Ask a Lawyer