MaryAnn and her boyfriend lived together for ten years. They lived in a house they bought jointly. He raised her kids; then, suddenly he just left. He skipped out on her leaving her to pay a mortgage all by herself.
She couldn’t sell the house because his name was on the title and she couldn’t find him. She had always thought that she and her boyfriend were in a common law marriage because they had lived together for so long and had a house together. Unfortunately, MaryAnn lives in California, a state that doesn’t recognize common law marriages. With no support from her boyfriend and no money to hire an attorney MaryAnn was unable to make house payments and not only ruined her credit but lost her house too.
Like MaryAnn, many women have heard about common law marriages and think because they have been in a long-term relationship, they will be able to collect spousal support from their partner if there is a split. In a common law marriage, partners, although not legally married, can sometimes collect spousal support if there is a break-up or inherit from one another if one partner dies. Unfortunately, very few states recognize common law marriage anymore.
Requirements for establishing a common law marriage differ from state to state but most require a couple has the capacity to marry, regard themselves as married, present themselves to the public as married and live together continuously. In other words, if there has been a long-term, live-in relationship in which two people view themselves as husband and wife, introduce each other as husband and wife and are generally believed to be husband and wife by the public, there may exist the ability to claim a common law marriage between them.
If a court does find a common law marriage has existed between partners, one partner may be able to collect some type of alimony payment from the other partner or may be able to inherit assets from a partner even if there is no living will stating those wishes. In either case, the party seeking support would have to go to court to have the common law marriage declared valid.
Palimony is another term frequently thrown around as a way to divide property or get alimony support from a former live-in boyfriend or girlfriend. Palimony is often claimed by a partner when support is sought under the argument that it was promised to the other partner in an oral agreement. Palimony cases usually occur when one partner claims the other partner said they would support them for the rest of their life and relying on this statement, the partner quits their job.
To establish an oral agreement of continued support was made would require a court hearing and could cost each partner in legal fees.
Palimony and common law marriage principles really apply in very few circumstances and so they should not be relied upon as an avenue for support in a future break-up between live-in partners. Only a legal marriage or a really good cohabitation agreement can ensure your rights as a partner, as well as your finances, are protected. If you have questions regarding your common law marriage rights or palimony issues, you should see an attorney in your State who specializes in family law issues.
Common law marriage is recognized in the following States:
Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah
New Hampshire (Recognized only for the purpose of inheriting from the other partner on their death)
Keller Smith is an attorney with The Keller Law Firm in Manhattan Beach, California; she can be reached at www.kellerlawfirm.com. She contributes a column once per month.