Rights of Common Law Wives

The expression common law wife or common law marriage harkens back to an era when couples did not routinely live together without the benefit of marriage, which is now a prevalent lifestyle. Forty or fifty years ago, if someone whispered, "She's his common law wife," those present were apt to gasp in shock because it was highly uncommon and even considered quite inappropriate and immoral for a couple to cohabitat without being married. It simply wasn't something that was done.

Informal marriage
Sometimes a common law marriage is called an informal marriage where there is a written or verbal contract between the parties, although there is no formal or legal license or ceremony. This is a marriage that has come about via cohabitation and agreement.

Myth
It used to be that people thought if you lived together for seven years you were automatically common law married but this isn't true.

What is Common Law?
A common law marriage occurs when both parties live together, present themselves as married and agree that they are married even though they did not go through a legally recognized marriage ceremony and get a marriage license. The couple has an exclusive relationship that is permanent, and they mutually agree to, and on, this arrangement.

If the couple uses the same last name, files joint tax returns, wears wedding rings and refers to one another has husband and wife this can constitute a common law marriage. However, not all states recognize common law marriage.

When a common law marriage is recognized, the parties involved get the same legal treatment that an officially married couple receives, and that includes the right to get a divorce if the relationship fails, and all that a divorce settlement entails.

If a common law wife wants to terminate her relationship with her spouse, she is required to go through the same procedures that a conventionally married couple does. The obligations and rights of a common law couple are equivalent to those afforded to those who are married in the traditional sense. The same goes for the common law husband, unless both, he and the common law wife agree to go their separate ways and not involve the courts in the distribution of their assets and debts.

Laws Vary Drastically By State
It is imperative that you know whether you live in a state that recognizes common law marriage. If you don't you cannot create a common law marriage regardless of how long the two of you have lived together.

However, if you live in another state that recognizes common law marriage for a period of time and present yourself as a married couple and then go back to the state of origin that does not legally recognize this kind of relationship you can be considered married, since marriage in another state is recognized in all other states, but you are waking on thin ice legally if you try this approach.

The laws pertaining to common law marriages vary drastically from state to state. There is no blanket policy. For example, in Pennsylvania a woman can be considered a common law wife after living with a man for 24 hours if she has received mail at that address using the man's last name, which is a scary thought for a man who has no intention of being married. In Alabama, you have to live together five years before you are considered common law married.

In Texas, there are three necessary elements to create common law marriage including living together in Texas as husband and wife; "holding yourselves out" as being married, which means that you have introduced your partner as your spouse or have filed a joint income tax return, and agreeing to be married.

In some states, one incidence of publicly declaring yourself as married can put you in a common law marriage so be careful if that is not your objective.