(no title)
fps
|
2 years ago
Common law marriages are not as easy to happen by accident as many people assume. Living together doesn't matter. Common law marriage, in every state I've checked, requires that you have a ceremony and present yourself as a "married couple" publicly. You have to go around telling people you're married for it to matter.
dragonwriter|2 years ago
It generally does not require a ceremony (but it does usually require an explicit mutual agreement), and living together does matter (cohabitation is commonly a requirement or evidence of common law marriage), but other than that you are right that publicly presenting as married is often a requirement (and otherwise is evidence).
Here’s info from Texas as an example, which is more required-elements-based and includes cohabitation: https://guides.sll.texas.gov/common-law-marriage#:~:text=Tex...
And here is Colorado, which is more evidence based and does not identify cohabitation as even a form of evidence (though it does have joint ownership of property): https://pitkincounty.com/288/Common-Law-Marriage
Utah is more specific requirements, and includes both cohabitation and how the couple presents publicly, but no ceremony: https://www.utcourts.gov/en/self-help/case-categories/family...