The Truth, the Facts Behind Common Law Marriage

If you are like many people, you have heard the term common law marriage.  With that said, you likely have a good number of misconceptions about common law marriage.  It is easy to have misunderstandings and misconceptions about common law marriage.

What Happens When a Common Law Marriage Exists

If it is determined that a common law marriage exists, it is a marriage from a legal standpoint like any other marriage.  If a common law marriage exists, the same rights and obligations exist between the partners to such a marriage as if they had been married in a more traditional sense.  In short, the legalities that are associated with a traditional or conventional marriage are the same that attach to a common law marriage.

The Three Elements of Common Law Marriage

From a legal standpoint, there are three elements associated with a common law marriage.  These three elements are in place in those jurisdictions in the United States that do recognize common law marriage.

The first element of a common law marriage involves the intent of the parties to a marriage.  The couple must truly and actually believe that they are married.  There can be no false assumption involved.

Second, the parties to a true common law marriage must hold themselves out to other people as a married couple.  They must tell others that they are married, not that they are living together or dating.

Third, for there to be an actual common law marriage, the couple involved must have accounts of various types together.  For example, they may rent an apartment together or they may have joint bank accounts.

Common Law Marriage -- Must be Between Members of the Opposite Sex

In nearly all jurisdictions in the United States at this point in time, a common law marriage can only exist between members of the opposite sex.  The issue of marriage between members of the same sex is a very controversial issue in the United States as well as in some other countries in this day and age. 

Most analysts believe that there will be no significant change overall in the concept of marriage being between members of the opposite sex at the present time.

Are You Involved in a Common Law Marriage

If these three elements exist, a common law marriage is deemed to exist.  If you are involved in such a relationship in which a common law marriage exists, you must keep in mind that you do need to obtain a divorce in order to properly and legally end the relationship.  Again, if a common law marriage is found to legally exist, the same rights and obligations exist as can be found in a more traditional wedding -- including the legal obligation to obtain a divorce if you truly want to bring such a marriage to an end from a legal standpoint.