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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Can an man and a woman buy a house without being married If

Resolved Question:

Can an man and a woman buy a house without being married? If they do buy a house together will they be considered common law married?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Yes, a man and woman can purchase a home together.

No, this will not result in an automatic common law marriage. Not all states recognize common law relationships and mere home purchase is not enough to make you a married couple. The few states that recognized common law marriages require that you 1) declare yourself as husband and wife to the community, 2) one add the other to their health benefits or file taxes together as examples.

The only states which recognize common law marriages are as follows:

District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina

Again buying a house will not make you into a common law spouse. There needs to be evidence of the intent to marry, the intent to be treated as husband and with, the act of adding you to his benefits or filing taxes as examples.

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