Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
Contrary to popular belief, common law marriage has nothing to do with how long two people live together - a common law marriage can be entered on the day people begin to cohabitate, and it's also possible to cohabitate for 50 years without becoming married. A common law marriage is created when two people share an intent to be a married a couple and hold themselves out to the community as married. The two of you need to agree that you want to be married. If you meet that requirement, talk to your employer about what information they need to prove a common law marriage. Things they want to see might include joint tax returns, insurance policies naming the other person as a spousal beneficiary, and a sworn affidavit that the two of you have entered a common law marriage (signed by both of you under penalty of perjury). It's up to the insurance company to decide what they will accept.
A specific form is only required if you want to go to the courthouse and get a marriage license. One of the benefits of that is, then you have documented proof. That could make things easier on your husband or his children in the event that you pass away. For example, your spouse would automatically inherit without having to find additional evidence that you're married.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.