Common Law Marriage

Common law marriage is permitted in a minority of states. To be defined as a common law marriage within the states listed below, the two parties must: agree that they are married, live together, and hold themselves out as husband and wife. Common-law marriage is generally a non-ceremonial relationship that requires "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." Black's Law Dictionary 277 (6th ed. 1990).

Before modern domestic relations statutes, couples became married by a variety of means that developed from custom. These became the elements of a "common-law marriage," or a marriage that arose by operation of law through the parties' conduct, instead of through a ceremony. In many ways, the theory of common-law marriage is one of estoppel - meaning that parties who have told the world they are married should not be allowed to claim that they are not married in a dispute between the parties themselves.

Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order.

Alabama


New Hampshire ³

Colorado


Ohio 4

District of Columbia


Oklahoma5 (Okla. Stat. Ann. tit. 43, § 1)

Georgia¹


Pennsylvania9 (23 Penn. Cons. Stat. § 1103)

Idaho ²


Rhode Island

Iowa (Iowa Code Ann. §. 595.11)


South Carolina

Kansas 8


Texas 6 (Tex. Fam. Code Ann. § 2

http://www.ncsl.org/programs/cyf/commonlaw.htm

FindLaw > Library

Common Law Marriage in Texas

By James Patrick Smith

To have a common law marriage in Texas, you must do three things:
(1) have an agreement to be married
(2) hold yourself out to a third party as being married, and
(3) live together

Remember, while common law marriage in Texas has the same legal status as a ceremonial marriage, you have to get a formal divorce with either common law or ceremonial marriage.

http://library.findlaw.com/1999/Sep/1/131976.html

<----knew my follow politics debaters would be here for me

ooooooppppppppssss

i aint texan hope these post help tho

adj...even outcasts (i mean outsiders) like you and davey are always welcome to help me in any way.

and of course our beautiful Kristi that kept me company and helped me in here too

But as I have already pointed out even if he confirms the common law marriage that part it not really the issue the issue is does he have any rights when it comes to medical and what rights he has.

This is straight off a site for Texas concerning common law marriages...


Yet, legal rights and protections a common law spouse was entitled to in their observing state such as claim to joint assets, alimony, power of attorney in the event of disability, inheritance executor (if not expressly stated in will), etc., will not necessarily be honored.

http://law.justia.com/texas/codes/pe/005.00.000020.00.html


CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT



§ 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements
without consent, so as to interfere substantially with the person's
liberty, by moving the person from one place to another or by
confining the person. Restraint is "without consent" if it is
accomplished by:
(A) force, intimidation, or deception;....

(3) "Relative" means a parent or stepparent, ancestor,
sibling, or uncle or aunt, including an adoptive relative of the
same degree through marriage or adoption.

# Note:
The Social Security Administration will only recognize your common-law marriage if the state where you reside recognizes your common-law marriage.

To make sure that you would be eligible for survivor benefits, you need to go to a SSA office and fill out forms, provide statements from two blood relatives, and provide supporting evidence of your common-law relationship.

# Your Federal Income Tax, Publication 17:
"Considered married. "You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests ... 2. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began."


do they file taxes as married or single

this may be a pivotal issue

http://legal-dictionary.thefreedictionary.com/Common-law+spouse

a case history

not the same but may give ya some thoughts

Now see a lawyer maybe could use this as far as what the son did but it all depends if she went willing or not and if she knew what he was doing but seems there was a whole lot of deception here.

what I know of Joyce...she is a meek person. if she thought she was a burden...then she would have gone because she didn't want to be a burden. the son is a piece of work and talks down to her. he tricked her to begin with saying he was taking her for a bday dinner but drove her to a home in another city (still in texas) then hitailed it to WA

the deception would make her appear willing after all it was supposed to be a birthday dinner

and the nursing home wants to keep the bed filled

multiple laws possibly being broken

and the longer the home has her the more they can manipulate the situation

need to get legal action in the da office started at once report her kidnapped imo

adj..sorry. missed your question. yes for the last 3 yrs have filed as maried for taxes....joint bank accounts...she is on his insurance....same address and last name on DL

take that evidence to the da and report her kidnapped is what i think the best thing to do would be

but i am not a lawyer and dont even play one on tv

yup sounds like they need a lawyer ASAP

might be a good lawsuit against the nursing home

ty everyone....you guys have been a big help

Well I do feel that he has a case I mean her son dropped her off and left her like that there is not a lawyer that that alone will not get to him. Specially knowing she was in good hands and being taking care of sounds like he did it just for spite.

Keep us updated would really like to know how this comes out...

ty kristi. I just got a good tip from my brother in law. Since Adult Protective Services has been called out (because of the son) and found in favor of my friend and that she was good....to call the case worker and tell them what happened. they could investigate as well

Well he needs to call them as soon as possible he may not even have to get a lawyer if they step in and straight this out. It's a shame to think our own kids would do something like that when she was being taken care of. Hell if I was him after it is all straigten out I would make sure she had a Will that way there would not be any question on who had what rights.