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Author Topic: common law marriges  (Read 3839 times)
sailor_tech
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« Topic Start: July 21, 2010, 05:21:17 pm »

From a discussion in the divorce poll thread.

http://www.ecauldron.net/forum/index.php?topic=13421.0

Good, bad, history, etc.
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sailor_tech
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« Reply #1: July 21, 2010, 05:26:03 pm »

From a discussion in the divorce poll thread.

http://www.ecauldron.net/forum/index.php?topic=13421.0

Good, bad, history, etc.

Also to consider divorce. Simple answer, to get divorced with a common law marriage you first have to prove you were married. One party is going to say, yes we were married and thus should follow state divorce law. Other party will say, no we were not married, so property is divided as per the names on accounts. So, if she has 19 years and 9 months of retirement credit, he would argue they were married so he gets a chunk of retirement pay.
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« Reply #2: July 21, 2010, 05:39:02 pm »

Also to consider divorce. Simple answer, to get divorced with a common law marriage you first have to prove you were married. One party is going to say, yes we were married and thus should follow state divorce law. Other party will say, no we were not married, so property is divided as per the names on accounts. So, if she has 19 years and 9 months of retirement credit, he would argue they were married so he gets a chunk of retirement pay.

A friend of a friend of mine owned a house and she and her boyfriend lived in it together for several years.  He contributed to the cost of the house beyond utilities.  When they split he took her to court for part of the house.  Unfortunately for him she had declared everything he gave her on her taxes as rental income.....she's a lawyer.

The whole 'palimony' thing has changed common law quite a bit.  Now no-one tries to prove common-law, just that they have a right to a share.
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« Reply #3: July 25, 2010, 10:16:41 pm »

A friend of a friend of mine owned a house and she and her boyfriend lived in it together for several years.  He contributed to the cost of the house beyond utilities.  When they split he took her to court for part of the house.  Unfortunately for him she had declared everything he gave her on her taxes as rental income.....she's a lawyer.

The whole 'palimony' thing has changed common law quite a bit.  Now no-one tries to prove common-law, just that they have a right to a share.

I think my state, Louisiana is the only state that doesnt recognize common law marriages.
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« Reply #4: July 25, 2010, 10:20:28 pm »

I think my state, Louisiana is the only state that doesnt recognize common law marriages.

Georgia doesn't either, they used to but not anymore.
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sailor_tech
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« Reply #5: July 25, 2010, 10:24:07 pm »

I think my state, Louisiana is the only state that doesnt recognize common law marriages.

It was posted up thread those 12 or so states that you can start (?) a common law marriage. Most other states recognize a common law marriages consumated in another state.
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