A common law marriage is a type of marriage that exists when two individuals live together as a couple, without getting legally married. Despite not being legally married, common law spouses may have certain legal rights and protections under the law. In this article, we’ll discuss what it means to be a common law wife, what legal rights you may have as a common law spouse, and how to protect those rights.
Defining a Common Law Marriage
A common law marriage, also known as a de facto marriage, is a type of marriage that exists when two individuals live together as a couple for a significant period of time without getting legally married. While common law marriages are recognized in some states, they are not legally recognized in all jurisdictions.
The requirements for establishing a common law marriage vary from state to state, but typically include factors such as:
- Living together for a certain period of time
- Presenting yourselves in public as a married couple
- Intending to be married
- Sharing living expenses and financial resources
- Legal Rights of Common Law Spouses
If you are in a common law marriage, you may have certain legal rights and protections under the law. Some of these rights may include:
Property Rights: Common law spouses may have property rights in the event of a separation or death of one spouse. Depending on the jurisdiction, this may include the right to receive a portion of the other spouse’s property, including real estate, bank accounts, and retirement benefits.
Inheritance Rights: Common law spouses may have inheritance rights if their partner dies without leaving a will. Depending on the state, the surviving spouse may be entitled to a portion of the deceased spouse’s assets, even if they were not legally married.
Medical Decisions: In some cases, common law spouses may have the right to make medical decisions on behalf of their partner if they are incapacitated. This can be particularly important in situations where there is no written advance directive in place.
Support Obligations: Depending on the jurisdiction, common law spouses may have support obligations to each other in the event of a separation or divorce. This may include spousal support, also known as alimony, to help support the spouse who earns less income.
Protecting Your Common Law Marriage Rights
While common law spouses may have legal rights and protections, it is still important to take steps to protect those rights. Some ways to do this include:
Creating a Cohabitation Agreement: A cohabitation agreement is a legal document that outlines the expectations and obligations of each partner in a common law marriage. This can help protect both partners in the event of a separation or other dispute.
Getting Married: While it may not be necessary to get legally married to establish a common law marriage, doing so can provide additional legal protections and certainty.
Keeping Records: Keeping records of your relationship, such as shared financial accounts, property ownership, and other documentation, can help establish the existence of a common law marriage and protect your legal rights.
FAQs about what rights do you have as a common law wife
What is a common law marriage?
A common law marriage is a type of informal marriage recognized in some states in which a couple lives together and holds themselves out as being married, but without going through a formal marriage ceremony.
Are common law marriages recognized in all states?
No, common law marriages are not recognized in all states. Currently, only a minority of states recognize common law marriages.
What rights do you have as a common law wife?
The rights of a common law spouse can vary depending on the specific state and the length of time the couple has been living together. In some states, common law spouses may have the same legal rights and protections as formally married couples.
Do common law spouses have the same property rights as legally married couples?
In some states, common law spouses have the same property rights as legally married couples. This means that they may be entitled to a share of property acquired during the relationship or in the event of a separation or divorce.
Do common law spouses have the same inheritance rights as legally married couples?
In some states, common law spouses have the same inheritance rights as legally married couples. This means that they may have the right to inherit from their partner’s estate if the partner dies without a will.
Can common law spouses file joint tax returns?
No, common law spouses cannot file joint tax returns unless they have legally registered their relationship with the state.
Do common law spouses have the same healthcare rights as legally married couples?
In some states, common law spouses may have the same healthcare rights as legally married couples, such as the right to make medical decisions for each other and the right to visit each other in the hospital.
What happens if a common law marriage ends?
If a common law marriage ends, the couple may need to go through a legal process to dissolve the relationship and divide assets. The process may be similar to a divorce, depending on the state.
How do you prove a common law marriage?
Proof of a common law marriage can vary depending on the specific state. In general, evidence may include documentation showing that the couple lived together, held themselves out as being married, and had a mutual agreement to be married.
Should you consult with an attorney about your rights as a common law spouse?
Yes, if you believe you may be in a common law marriage or have questions about your rights as a common law spouse, it is recommended that you consult with an attorney who is familiar with the laws in your state. An attorney can advise you on your legal rights and help you navigate any legal processes that may be necessary.
Conclusion
A common law marriage is a type of marriage that exists when two individuals live together as a couple for a significant period of time without getting legally married. While common law spouses may have legal rights and protections under the law, it is important to take steps to protect those rights, such as creating a cohabitation agreement, getting legally married, and keeping records of your relationship. By taking these steps, common law spouses can ensure that their legal rights are protected and recognized under the law.