Daniel Posted July 16, 2001 Share Posted July 16, 2001 I have a legal question for anyone that knows. My girlfriend and I live together in my home. I am not too clear with the "common law marriage" law. I know that she needs to have a P.O. Box away from my street address for her driver's license, her bills, and for any kind of government agency information. But, I think I made a mistake of paying her first month's car and insurance bill with one of my personal checks. Could this be a problem if things don't workout? Link to post Share on other sites
Tony T Posted July 16, 2001 Share Posted July 16, 2001 Check with your own state law. Live-in situations generally become common law marriages after seven years but sooner in a few states. You should know generally how things are going to work out in your relationship long before that time. Paying her first car and insurance bill with your personal check is irrelevant here. Also, make sure that the people where she picks up her mail know how to get ahold of you or other relatives in an emergency. If she is involved in a serious accident, the police would come to the address on her auto registration. A P.O. Box won't do much for them if she's in the hospital in intensive care. The fact that she gets her mail, bills, etc. elsewhere won't count for anything. A court would look upon that as a ploy to circumvent the law. If there is a dispute of some sort and she can prove that she was physically domiciled at your address for the statutory period required for a common law marriage by the laws of your state, you are a married man, buddy!!! Link to post Share on other sites
Daniel Posted July 16, 2001 Share Posted July 16, 2001 Thanks for the info Tony. I live in Texas.....I've heard that the time is three months here, but I'll look into it. Thanks again. Check with your own state law. Live-in situations generally become common law marriages after seven years but sooner in a few states. You should know generally how things are going to work out in your relationship long before that time. Paying her first car and insurance bill with your personal check is irrelevant here. Also, make sure that the people where she picks up her mail know how to get ahold of you or other relatives in an emergency. If she is involved in a serious accident, the police would come to the address on her auto registration. A P.O. Box won't do much for them if she's in the hospital in intensive care. The fact that she gets her mail, bills, etc. elsewhere won't count for anything. A court would look upon that as a ploy to circumvent the law. If there is a dispute of some sort and she can prove that she was physically domiciled at your address for the statutory period required for a common law marriage by the laws of your state, you are a married man, buddy!!! Link to post Share on other sites
Tony T Posted July 16, 2001 Share Posted July 16, 2001 I very seriously doubt you would have a common law marriage with anyone in any state after only three months of living together. Of course, you come from the same state that elected George W. Bush governor TWICE. This concept comes from British common law and is seven years. Only a few states have changed it from that. You can pretty well bet it's more than three months in Texas...but please let us know. I would not cohabitate in Texas under most circumstances anyway. Link to post Share on other sites
little d Posted July 16, 2001 Share Posted July 16, 2001 You MUST check out what constitutes a common law marriage where you live. I know that because I live in Canada that things are not the same as the US. Boy let me tell you how I wish I did live in the US right now. I just spent the morning in a lawyers office. Daniel you are asking about if a personal cheque on her car could come back at you, check it out! You found that out from someone and it might have merit. In Canada that and other such "proof" may and has suggested common law. Living together for 6 months is common law here. It started as having a way for women to be able to claim something from long term split the finances type situations and in my opinion has turned into nothing but plain GREED! Tony I write this to you because you give alot of people great advice here and it is just a bit of information as we have touched on this before. I swear to you that it is right from a lawyers mouth (not a drunk one )and I have checked into alot of situations and angles. My head is swimming. I was asked to be a common law wife (we are just coming up on 6 months) for a better chance for my bf in a custody battle. Better for him but you couldn't even imagine what I set myself up for. I feel this is sooooooooooo wrong. I choose to beleive in Marriage the real kind I don't want to play pretend. Cake and eat it too. I don't think so. I'm moving out tonight and my bf can date me or not. It's all or none I'm a person with feelings. Not to mention I'm 23 years old with my whole life ahead of me I can't decide this after 6 months of dating. I'm not the one that made the baby. Sorry venting. I hope things are different for you in your state Daniel but if I would have waited to find out the information I could have been royaly screwed. Just some info and some venting guys thanks for the time. Have a good one. d I have a legal question for anyone that knows. My girlfriend and I live together in my home. I am not too clear with the "common law marriage" law. I know that she needs to have a P.O. Box away from my street address for her driver's license, her bills, and for any kind of government agency information. But, I think I made a mistake of paying her first month's car and insurance bill with one of my personal checks. Could this be a problem if things don't workout? Link to post Share on other sites
Tony T Posted July 17, 2001 Share Posted July 17, 2001 Yes, things are a bit more weird in Canada...in some ways. But the U.S. has got Canada beat in the weirdness department in other ways. In my opinion, six months is far too short a time together to constitute a marriage. In the same breath, I must admit I am happy that making a car payment for a lady won't get her pregnant. I fail to see how doing that would prejudice the law in favor of declaring a common law marriage. I shall never make a woman's car payment for her. Many thanks for the kind information...and, yes, I favor the old fashioned wedding ceremony over the common law thing any day. I promise you things will be much better when the U.S. invades Canada and takes over everything!!! Link to post Share on other sites
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