common law marriages
@moonlitmagikchild (22181)
United States
August 11, 2008 7:50pm CST
how do you prove that you have one? and what do you do if you originally lived in a state that recognizes it and then move to a place that doesnt? i would be afraid that the spouse or partner would some how get screwed over in a legal battle of a death or something but maybe i dont understand correctly 
6 responses
@onetrackmind (104)
• United States
12 Aug 08
I'd say for the state that you are currently residing in, check with a local law firm...they should be happy to pass on some free advice.
2 people like this
@moonlitmagikchild (22181)
• United States
12 Aug 08
i dont think my state has it but i have heard of people saying that they have a common law marriage and lived here 
ill do a search on it and figure out if TN is or not
ill do a search on it and figure out if TN is or not@onetrackmind (104)
• United States
12 Aug 08
COMMON LAW MARRIAGE IN TENNESSEE
by Attorney Jes Beard
return to Jes Beard's home page
Tennessee does not recognize common law marriage as a way to become married in Tennessee.
Years ago a couple would become legally married simply by living together as husband and wife and telling others that they were married. This was called a "common law" marriage, and at times couples would end up being considered married when that really wasn't what they intended.
But under Tennessee law no one can become married in this state that way. The formal requirements of marriage must be met before a marriage in Tennessee will be legal.
Tennessee does recognize a common law marriage which legally took place in another state. So if a couple lived together long enough as husband and wife in another state which did recognize common law marriage (Alabama might be such a state) and then they moved here to Tennessee, they would be legally married in Tennessee, so long as they had become married under the common law of another state. But if a marriage was not valid in the original state and the couple then moves to Tennessee, moving to Tennessee does not make it become valid.
At the same time it is important to be aware that if a couple has been living together for some time, and the couple THINKS they are married, then Tennessee courts may apply a doctrine called Estoppel, to prevent one of them from denying a marriage existed.
2 people like this
@sudalunts (5523)
• United States
12 Aug 08
Below are the states that recogize common law marriages.
I also read that if a common law couple move to another state the new state will probably recognize the marriage.
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
2 people like this
@moonlitmagikchild (22181)
• United States
12 Aug 08
glad to hear the new state will.. would suck to lose all of that
@sedel1027 (17846)
• Cupertino, California
12 Aug 08
From what I understand all you ave to prove is that you were with the person over X amount of time. Even then it is up to the court to say that you did have one. If you move to a place w/o common law marriage, then you don't have a common law marriage and if you want to retain any rights you have to get married.
2 people like this
@moonlitmagikchild (22181)
• United States
12 Aug 08
thats so horrible to be in one state and common lawed then another one and nothing
@danishcanadian (28953)
• Canada
25 Oct 09
I don't know. Up here in Canada, it's common law if you've lived together for a certain amount of time, that you are married. I would imagine that if you were then living in a different area, you would provide evidence of a long term union by showing pictures of you together, and documents with both of your names on them, at that address, to prove that you are living together. Even if your name isn't on the same document, you can show anything, I imagine, to prove that you lived there, and the other person lived there, even if it's only addressed to one person, just as long as both people have things like that.
@fwangaa (3057)
• China
12 Aug 08
i don't know what you have said.i have read a lot time for your discussion.but i only see that the sponse die in a legal battle.and it is important for the common law marriage.and you can marry again if you want.some times i don't want to talk a lot to somebody,i don't think it is important for me to make some real friend,not the wrong friend and the friend that you will fellow his thought,if you tell thing that you want to say he will not happy and very angry about that.why i must to be friend to him .and why i must respect to him again.and why i make the things follow his order. i am chinese.
@pixiedustforyou2008 (2422)
• United States
12 Aug 08
I don't approve of them.... I don't think that they are real marriages... I was once in a commen law marriage.... I was one in for three years and i didn't get screwed... We just ended up breaking up and i moving out.. I was moved in for two years and i just broke up with him and moved out.. I don't think that the are real marriages... I don't that the the two people are really married...
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