What is the common law in Kansas, My Boyfriend stays at my place and then goes home we do not see anyone else. He does not pay any of my bills and at times we split grocery bills. As being Private we do have sex with each other and noone else? Is this still called Common Marriage?
State/Country relating to question: Kansas
Not Much Just Listening to Boyfriend.
Hello, Thanks for your question. Under Kansas law, there are three requirements that must all be present in order for a man and a woman to establish a common law marriage: 1) they must have the capacity to marry (e.g., both must be over age 18, not married to anyone else, etc.), 2) they must have a present marriage agreement and 3) they must hold themselves out to the public as husband and wife. So, assuming that you and your boyfriend both have the legal capacity to marry, if the two of you have agreed that you are married, and you hold yourselves out to the community as being married (that is, you tell other people that you are married, and otherwise behave as though you are married), you would meet the requirements to establish a common law marriage.Since you both have your own residences, you both pay your own bills, and you really aren't sure whether or not you actually have a common law marriage or not, my inclination would be to say that you don't have a common law marriage. But, only you and your boyfriend know what the two of you have agreed upon. Hope this helps. Juliana
23 years of legal experience, former child support attorney, currently practicing family law
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