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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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how long do a couple have to live together to be consider common

Customer Question

how long do a couple have to live together to be consider common law married
Submitted: 8 years ago.
Category: Legal
Expert:  Jack R. replied 8 years ago.
There is no time limit specified in any state. You must simply meet a 3 part test:
1) You both intend to be married
2) You cohabit
3) You hold yourselves out to the public as married (e.g. conduct yourselves as a married couple buy propert together, file joint taxes, etc.)

The longer you live together the greater the the probability you succesfully meet the criteria.

Some states indicate the time is a "significant time" there is no guidelines, but I suspect any period of a year or greater should be enough.

The idea is it muist be long enough for you to demosntrate the above 3 requirements

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Customer: replied 8 years ago.
does this apply if one of the party is legally marriage but is seperated from his wife (but not legally)
Expert:  Jack R. replied 8 years ago.
Absolutely not. A common law marriage mus above all things have both parties having capacity to get married. If one is still married there can be no common law or ceremonial marriage.


If this answer was helpful please press ACCEPT so I may be paid.
Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.