Vault: Is Common Law Marriage Still a Thing?

Поділитися
Вставка
  • Опубліковано 4 лис 2024
  • A random topic from back in the day.
    www.lehtoslaw.com

КОМЕНТАРІ • 240

  • @CrankyBeach
    @CrankyBeach Рік тому +33

    A friend of a friend had a long-term living-together relationship but were never legally married (and they didn't live in a common law state). They lived in the man's home and the woman shared a large amount of the expenses of many home improvements, interior decoration, etc. The man died rather suddenly without leaving a will. His kids got the house with all the improvements the woman had helped pay for, and because nothing was "official" or even in writing, the kids got it all and the woman got nothing. A cautionary tale if ever there was one....

    • @dragonstooth4223
      @dragonstooth4223 Рік тому +3

      That's the advantage of marriage... it formalized the relationship for these reasons. It's largely why me and hubby got married ... keeps his parents mitts off our assets if the worst should happen to him

    • @Mike80528
      @Mike80528 Рік тому +2

      @@dragonstooth4223 There are other ways to protect assets, and much much better options for men than marriage.

    • @dragonstooth4223
      @dragonstooth4223 Рік тому +1

      @@Mike80528 I feel sad for you that you think all women want is money out of a marriage. I earn more than hubby. He's the kept one in our marriage.
      His life insurance if he died ... well ... let's say the worms would come out to get their mits on it if they ever found out. Marriage means I get everything first and if it was both of us at the same time, then my family has equal claim.
      He doesn't want his parents getting anything. Which is completely different to what I think you're talking about and the original OP.

    • @Mike80528
      @Mike80528 Рік тому

      @@dragonstooth4223 I said no such thing, but your assumptions speak louder than your words.
      At the end of the day your words are pointless and do nothing about the issue. Are you doing anything to *change the laws* so they aren't so obscenely one-sided? No? The go f-off as you are still part of the problem.

    • @jayvander7156
      @jayvander7156 10 місяців тому +3

      Lol woman lives rent free with boyfriend and wants equity for "decorating!" What a harlot!

  • @ed9492
    @ed9492 Рік тому +33

    That "sound mind" thing has to complicate things for a lot of people.

    • @fhuber7507
      @fhuber7507 Рік тому +10

      Catch 22... You can't be of completely sound mind when you sign a marriage license.

  • @jerryinmon2731
    @jerryinmon2731 Рік тому +40

    Funny true story. A buddy of mine lived with a girl for about 5 years. During that time he used to refer to her as his wife. Me and others used to jump on about it but he kept saying that she was his wife. Well during that time he bought a house. Later they had a falling out and split up. A few days later she called him and said that they were common law married and wanted half the house. He was freaking out for a couple of days when she called and said they weren't married and just wanted to break up. Turns out she had saved about 30,000 dollars and found out that half would be his which was considerably more money than half the house. After talking about it he decided to just let her go. Long story short. Be careful in a common law state. P.S. we live in Texas.

    • @Vynoslivost
      @Vynoslivost Рік тому +4

      Had a friend years ago who lived with his girlfriend when she tried to be sneaky about this. She started telling people they were married getting into small financing situations with him like for furniture and got her friends to say he said they were married. When she thought she had him pinned she told him and he was freaking out. Luckily, he was able to find video of him denying their marriage and obviously broke up.

    • @Watersnake777
      @Watersnake777 Рік тому +2

      I live in Texas too. Similarly, with no unions, you can become a landscaper or home improvement contractor by believing that you are one. Intentions mean a lot.

    • @allenmckinney2082
      @allenmckinney2082 Рік тому +1

      @@Watersnake777 What do you mean no unions? That's bs.

    • @Watersnake777
      @Watersnake777 Рік тому +3

      @@allenmckinney2082 Forgive me. "At will".

    • @alexm566
      @alexm566 Рік тому +4

      how old was this story when those prices made sense?

  • @wickedbird1538
    @wickedbird1538 Рік тому +10

    😊😊50 + years ago, my grandmas in-laws tried to keep her from inheriting her common law husbands estate. They failed because she had lived with him as his wife for a long time. (Texas)

  • @nellies-taekook-journals
    @nellies-taekook-journals Рік тому +8

    PA disallowed common-law marriage in 2005. But if you were married through common law and you wanted to split up - you had to get a real divorce through the court.

  • @billyhawkins1150
    @billyhawkins1150 Рік тому +9

    married 42years as of last month.
    anyway do you remember the lawsuit when the actor, lee marvin split with his unwedded significant other. i do not remember the details, but lee marvin had to pay a huge settlement, for that day and time. the press called it 'palamony'. kinda big deal at the time.

  • @PixelatedLlama
    @PixelatedLlama Рік тому +8

    It's crazy to see a video with your new set and good audio referred to as "back in the day".

  • @originalhgc
    @originalhgc Рік тому +6

    Famous case from South Carolina -- When William Hurt was living in SC during the filming of "the Big Chill," he lived in a house with his girlfriend of the time. Some years later, she sued for her share of the marital assets, claiming that they were common law married in SC due to that cohabitation.
    Also, I knew a couple who lived together in Texas and had a child together there. Then they moved to another state. Eventually they split up, and a few years later he was looking to get married. She told him he'd better look into it, since he might need to get a divorce because cohabitation + child together = married in TX (though I didn't know any more of the details). They got the divorce.

  • @robertbelton7635
    @robertbelton7635 Рік тому +6

    Had a GF who was not living with me use my address ( without my consent ) as a mailing address for her bank account.. when I spotted her bank mail coming to my home . LIKE ..WTF .. proof of residences !!.. I went straight down to her bank and put an stop to that . Then I dumped and ghosted her ..

  • @MsGummy666
    @MsGummy666 Рік тому +6

    We live in Michigan so we cannot but this was very intresting. Maybe one day Big Brother will change the law and allow people on disability to get married and keep their benifits. We've lived together for 12.5 years, share household duties, have a child, but don't file together or have both our names on the bills or house just mine.

    • @synnove1046
      @synnove1046 Рік тому +2

      That is so unfair. I hope they change those laws sooner rather than later.

  • @mdshovel
    @mdshovel Рік тому +10

    Has no legal standing in UK. Friends of mine were together for 30 years. He fell ill and she nursed him but had no legal say over his healthcare. When he died, his family turned up from Turkey and claimed the house and all property in his name including the car and bank account, throwing her out. They had never had much to do with him, but the law was on their side. The subsequent legal case acknowledged that she had paid half the mortgage and she should get some money but the legal fight used all the estate up and nobody ended up with anything. If they had legally married, she would have kept everything.

    • @kerwinbrown4180
      @kerwinbrown4180 Рік тому

      They certainly used to have common law marriage. I wonder how it changed.

    • @mdshovel
      @mdshovel Рік тому +2

      @@kerwinbrown4180 There is not and never has been a Legal standing for "Common Law Marriage" in England & Wales. It is a myth

    • @kerwinbrown4180
      @kerwinbrown4180 Рік тому

      @@mdshovel I read Blackstone's Commentaries on the Laws of England (1765) and common law marriage is mentioned. The complaint is women were treated as the weaker party in the marriage. Feminist would have wanted them overturned but they were also at odds with cohabitation laws.

    • @mdshovel
      @mdshovel Рік тому +3

      @@kerwinbrown4180 This is what I read ... "Common law marriage is a term used to describe a relationship between two people who consider themselves married but have not obtained a marriage license or had a formal ceremony. In England, the concept of common law marriage was abolished by the Marriage Act of 1753. Sir William Blackstone describes common law marriage rights in England. The union of a husband and wife makes the two beings “one person in law,” effectively stripping women of individual rights. Blackstone’s definition also impacted women’s rights in the colonies and, later, the United States"

    • @kerwinbrown4180
      @kerwinbrown4180 Рік тому +1

      @@mdshovel Thank You

  • @David_K_pi
    @David_K_pi Рік тому +7

    The Canadian Robot Lady: "Why is it when you transport something by car, it's a shipment, but when you transport something by ship, it's a cargo?"
    My question… if you transport something by snail, is it escargot?
    Sorry. 😜

    • @lokiva8540
      @lokiva8540 Рік тому

      Not until it leaves the port of origin for its destination. ;-p

  • @johnnash9523
    @johnnash9523 Рік тому +3

    I want to know how many female roommates sued their male roommate saying they were in a common law marriage and got their assets? She could just say they were dating and telling everyone they were married..

  • @Alastriona
    @Alastriona Рік тому +7

    California has a Confidential Marriage. This means that the marriage can’t be found in the public record. This dates back to the 1850’s. The reasoning that if a couple were for a number of years decide to formalize their relationship and get married it would keep the announcement out of the newspaper.
    My husband and I have a confidential marriage because it was less expensive, quicker, and didn’t require a blood test.

    • @MaryEllen505
      @MaryEllen505 Рік тому

      Same reasoning for my husband and I. We had a confidential marriage in 1984.
      The chapel and the town have both been torn down since then. Not sure how we're still together.

  • @richlaue
    @richlaue Рік тому +1

    Live in NJ, that isn't a law state. A coworker, lived with her 10 years, but refused to get married, so he would not owe her if/when they broke up.
    Together they had 3 children, and she stayed home to care for the children. She got a good lawyer, and after they broke up, he continued to support her and the 3 children. Because of the children's age, she was not required to get a job

  • @thatjeff7550
    @thatjeff7550 Рік тому +6

    Not sure if it's still same nowadays but a friend of mine lifed in Utah for a while and that state was even more lenient than other states at the time. I think she told me the state's requirement was one year of living together. And as it would happen, apparently she and her boyfriend had lived together for three years, and I think he kind of conned her into it.
    The good news is, after a few years of being "married," they eventually agreed to a no-fault divorce after she moved to TN. It was weird.

    • @robertsharp67
      @robertsharp67 Рік тому +2

      Some people forget/don't realize that there is no such thing as common law divorce. Glad your friends realized that they needed to get a legal divorce.

  • @W4BIN
    @W4BIN Рік тому +1

    In Florida when common law weddings existed, real divorces were required to get out of them. The lawyers never left themselves out of anything. Ron W4BIN

  • @aussiebloke609
    @aussiebloke609 Рік тому +14

    48 years of marriage? That's more than a life sentence. I guess that makes them either soulmates or cellmates. 😁

    • @davidtyree1842
      @davidtyree1842 Рік тому +4

      But with prison you get parole.

    • @davidburns5374
      @davidburns5374 Рік тому +2

      If I make it to August this year, my wife and I will be married 40 years. I can't remember what it's like to be single. It is a life sentence, but I signed up for it. 😅

    • @lawrencebraun7616
      @lawrencebraun7616 Рік тому +2

      Benny Hill had a joke. Twenty years ago I was so mad at my wife I could've killed her. The bad part I'd be out now

    • @richlaue
      @richlaue Рік тому

      My parents are 73 years married

  • @crystaline1093
    @crystaline1093 Рік тому +4

    You should tell us what a spouse is responsible after death. I was married 40 years and I was surprised by what I found out.

  • @jjjones4982
    @jjjones4982 Рік тому +2

    It's very common here in BC, there is a selection on the Canadian tax return Common-in-law.

  • @TexasEngineer
    @TexasEngineer Рік тому +8

    My mother used to marry couples as Common Law in Texas. She worked for the welfare department and she would interview clients in their home. The woman would be at home for the interview the woman with her children and the man at work. She would ask if she was married and the woman would say no. She would ask about the children’s father living arrangment and the woman would say they are living together. My mother would explain Common Law Marriage in Texas and say that she could Common Law marry them by checking the married box on the form and having her sign the form. She married several clients that way.

    • @lokiva8540
      @lokiva8540 Рік тому +4

      That form doesn't create a marriage. It merely documents one allegedly already existed. The context sounds like it's ripe for fraud.

    • @DrMerle-gw4wj
      @DrMerle-gw4wj Рік тому +6

      Your mother didn't marry anyone. If anything, she may have provided evidence that marriage as described as "Marriage Without Formalities" as provided in the Texas Family Code did not exist. If the woman your mother interviewed said that she and her man were not married then the requirement that both must have a present intent to be married did not exist.

    • @K2mtp
      @K2mtp Рік тому

      @@DrMerle-gw4wj definitely sounds like a Is bureaucrat putting their nose where it doesn't belong.

  • @GudenMaust
    @GudenMaust Рік тому +4

    MCL 750.335 "Any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together, and any man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00."

    • @hollybarnes842
      @hollybarnes842 Рік тому

      😂😊

    • @lokiva8540
      @lokiva8540 Рік тому

      What state?
      Generally cohabitation laws fall when legally challenged, just as did sodomy laws, and anti-gay marriage provisions, or birth control access restrictions including related medical speech (eg, Comstock Laws), etc.
      We need strong legal process to mandate that overturned laws be removed from published statutes, where they're both a point of confusion for some, or used in frauds that claim they still exist as if valid, by others.

  • @staciebuckle8669
    @staciebuckle8669 Рік тому +2

    In Texas, you go to the county clerk, pay $40 and sign a common law marriage form and no ceremony needed, you have your proof of common law marriage. Living together in a traditional common law marriage is still valid, but you have to prove it in court if you split up. Weddings don't even need witnesses.

  • @joemckernan
    @joemckernan Рік тому +1

    The State of Texas still has Common Law Marriage as enforced in the 1800s. You just have to do 2 of 3 things. 1. Address each or as Mr and Mrs. 2. Commingle assess (very low bar) 3. Cohabitate.

  • @wickedbird1538
    @wickedbird1538 Рік тому +2

    😮😮Decades ago, My brother had a GF who bought a piece of furniture as Mrs. Brother. He had no idea. When they broke up she tried to divorce him with her receipt. Her plan failed because he did business and filed taxes as a single man.

  • @suetipping4841
    @suetipping4841 Рік тому +2

    Old people living together, should they marry, their social security income is cut to the point where they cannot live. So, they just live together because they are financially punished if they marry. If they live together and they have children from a previous marriage, there are usually problems at an illness or death with the kids and surviving housemate. See an attorney.

  • @frequentlycynical642
    @frequentlycynical642 Рік тому +6

    I was engaged to a woman in 2018 here in Texas. We were going to go the common law route because of stupid student loan rules. My income would have to be included for her two children in college, thus reducing benefits even though the kids weren't mine!
    I recall that at that time there were twelve states recognizing common law marriages.
    In Colorado.....hey, how about that tee shirt!.....there is no need for an officiant. The couple signs their own wedding license, end of story.
    I have the wedding license receipt from my marriage in 1967. Two dollars. I was in the county clerk's office, same county, in 2009 and overheard the cost of a license. NINETY THREE DOLLARS! No wonder some couples don't wed.

  • @dutchray8880
    @dutchray8880 Рік тому +2

    If you're in a common law marriage, your spouse is eligible for benefits he/she can receive from your employment, such as health insurance. But if you decide to end the marriage, you'll need to go through a formal divorce if you want to remove your common law spouse as a beneficiary. There are no common law divorces.

  • @tunafish3216
    @tunafish3216 Рік тому +2

    My wife and myself have 54 years together.

  • @JohnTovar-ks8dp
    @JohnTovar-ks8dp Рік тому +2

    The way to tell if common law marriage is a thing in your state is not to look at the laws, but to look at the courts to see if they will award money to women who have lived with you. Used to be called Palimony.

  • @richdobbs6595
    @richdobbs6595 Рік тому +2

    i think the more common occurance than folks have trouble proving that they are common law married and they have to prove it, is that someone is trying to be in a long term relationship but trying to avoid getting into a common law marriage. but after the breakup, the partner claims that it is a common law marriage, so they need to go through divorce and division of assets.

  • @HUBERDUDE
    @HUBERDUDE 11 місяців тому

    I have a friend in Texas who was living with his girlfriend and their two kids. They never referred to each other as spouses or married. Friend goes home one day and the locks on the door were changed and he was served divorce papers. Texas recognized them as married since they were living together for 5 years. She took him for all he's got, including his fishing poles and boxers. The only thing she left him was an upside down car.

  • @JK-vp2ux
    @JK-vp2ux Рік тому +3

    I remember looking this up once. The resource I found said you had to be living together for 7 years. I wonder where that came from.

    • @reginaschellhaas1395
      @reginaschellhaas1395 Рік тому +1

      I thought so too!

    • @georgecurtis6463
      @georgecurtis6463 Рік тому +2

      That was the basic common law marriage in hawaii. 7 years. Not sure what it is now. But for sure, relatives on both sides would consider 7 years a common law marriage and good luck saying no.

    • @tomhenry897
      @tomhenry897 Рік тому

      Same as being declared dead
      Would be interesting where 7 came from

    • @reginaschellhaas1395
      @reginaschellhaas1395 Рік тому

      @@georgecurtis6463 I grew up in SC/NC and heard 7 years. You made a perceptive comment about relatives. Of course, mine would have disowned me if I had tried to live "in sin", ha, ha!

  • @dawnelder9046
    @dawnelder9046 Рік тому +3

    Very different in Canada. After so many years of living together, depending on province, you are considered to be in a commonlaw marriage.

    • @maryjeanjones7569
      @maryjeanjones7569 Рік тому +1

      Don't forget that Canada is a Democracy not a Republic. As a Democracy, citizens enjoy more freedom.

    • @tomhenry897
      @tomhenry897 Рік тому

      That’s a lie
      Try owning a gun

    • @maryjeanjones7569
      @maryjeanjones7569 Рік тому

      @@tomhenry897 - The majority of Canadians own guns including my family. My family are avid hunters and have been for many many decades.

    • @ecbftl
      @ecbftl Рік тому

      Canadians generally have a value for civil peace over individual freedoms and are willing to accept reasonable limits to individual freedoms in order to achieve social peace. Of course, the amount and enforcement of any restriction in laws is always a big source of debate and court actions, as not all will agree.
      I understand that in Quebec, civil law is based on legislated French style civil law, whereas elsewhere in Canada, the basis is English Common law. So called Common Law relationships are very popular in Quebec these days, as many couples do not bother getting formally married. There are some issues with being recognized as a family member in some cases, such as on illness, the death of a partner or in a breakup, and some high-profile lawsuits have been fought over this, due to the legal greyzone.

    • @ecbftl
      @ecbftl Рік тому

      ​@maryjeanjones7569 Republics, like the US, may be constituted as Democracies, unless they fall into the trap of authoritarianism, when individual freedoms may progressively become severely controlled or limited by the government, or a governing leader or party.

  • @ammbguy
    @ammbguy Рік тому +7

    What if I'm an airline pilot & I've been living with 2 women starting on the same dates, 1 each in 2 different common law marriage states? Am I lawfully married to both according to common law? If not am I married to 1; if so, which one?

    • @WhydoIsuddenlyhaveahandle
      @WhydoIsuddenlyhaveahandle Рік тому

      😂

    • @lokiva8540
      @lokiva8540 Рік тому

      What if you have a poly marriage from another country, and move to the HSA (Hypocritical States of Amerika)?

    • @swcomer
      @swcomer Рік тому

      You cannot have legal residence in two places at the same time. It would probably depend on where your legal residence is.

    • @tomhenry897
      @tomhenry897 Рік тому

      Who was 1st

  • @nolongeramused8135
    @nolongeramused8135 Рік тому +3

    When I lived in Colorado you could be considered married if you're living together for a rather short time (30 days, I think), and shared a bed & expenses. Or just sign a piece of paper with your HR department saying that you're married so they can get on your medical benefits.

  • @gandolfthegardener
    @gandolfthegardener Рік тому +1

    Has been prohibited in Ohio since DOMA. Lawmakers thought it could be used to justify "gay marrisge". Fun fact: beastliality was legal for several years afterwards before it too was FINALLY outlawed. DOMA was touted as preventing "gay marriage" and heyeros voted overwhrlming for it. They ignored the language was overly broad and wasapplied to theirchildren/grandchildren living with their boy/girl friends. State started withholding aid until the no-recipient moved out. Heteros had a s** fit.

  • @russellcannon9194
    @russellcannon9194 Рік тому

    Like for the blurb at the end-shipment vs. cargo.

  • @theresahemminger1587
    @theresahemminger1587 Рік тому

    I remember when Michigan announced it no longer accepted common law marriage. Even the Catholic Church says that couples marry themselves and Church law only requires a priest as a witness. Marriage as a thing occurred in the Middle Ages as part of the political struggle between church and state about who was on top. It only applied to royalty and nobility and was essentially a political act about who could marry whom. When marriage eventually became a requirement for everybody, there didn’t seem to be any rush about it. A priest would travel through every year or so and marry people and baptize their babies.
    The state became involved by its right to have records for tax and other purposes.
    Marriage was a word to define the union of a couple-literally the physical coupling, the first of which is consummation and the moment a marriage occurs. Now, it seems to mean someone-church or state-does something to them that creates legal obligations or privileges to each other and the state.

  • @Dieselpwr
    @Dieselpwr Рік тому +2

    Common law should absolutely be enforced if two people are together but one doesn’t get married for the fact they are worried about taking their house but they themselves are the users taking all the money and goods

    • @thealterego3187
      @thealterego3187 10 місяців тому

      Absolutely not. The government shouldn’t get to decide other people’s relationship status.

    • @Dieselpwr
      @Dieselpwr 10 місяців тому

      @@thealterego3187 Your right that should be up to judges individual discretion especially if a person has been using the other person’s good will and their the home owner
      IE Common law

  • @garybender432
    @garybender432 Рік тому +3

    Today we have more uncommon marriages than common.

  • @sharkair2839
    @sharkair2839 Рік тому

    wow. look at those microphones! are you a ham radio enthusiast? i am drooling over that jt 30.

  • @jkbrown5496
    @jkbrown5496 Рік тому +2

    Steve, you might find 'Popular Law-making: A Study of the Origin, History, and Present Tendencies of Law-making by Statute'. by Frederic Jesup Stimson (1910), interesting. It had a good discussion of marriage, including common law, i.e., not statute, married. There were regional differences usually based on access to government/religious officials.
    Statute law is a very recent invention
    "How many of us have ever formulated in our minds what law means? I am inclined to think that the most would give a meaning that was never the meaning of the word law, at least until a very few years ago; that is, the meaning which alone is the subject of this book, statute law. The notion of law as a statute, a thing passed by a legislature, a thing enacted, made new by representative assembly, is perfectly modern, and yet it has so thoroughly taken possession of our minds, and particularly of the American mind (owing to the forty-eight legislatures that we have at work, besides the National Congress, every year, and to the fact that they try to do a great deal to deserve their pay in the way of enacting laws), that statutes have assumed in our minds the main bulk of the concept of law as we formulate it to ourselves. I guess that the ordinary newspaper reader, when he talks about ‘laws" or reads about "law," thinks of statutes; but that is a perfectly modem concept; and the thing itself, even as we now understand it, is perfectly modem. There were no statutes within the present meaning of the word more than a very few centuries ago"

    • @MrDLRu
      @MrDLRu Рік тому +1

      How many have formulated that there are only 2 criminal jurisdictions under Art III judicial courts of the US Constitution? And that there is no such thing as an appeal under the rules of procedure in the common law, which have writs of error..The only criminal jurisdiction left is under the rules of admiralty law, which have summary judgement, advisory juries, appeals, and jury decisions that are not binding on the court...Not a peep from any of the brilliant scholars out there..nothing, yet all provable statements.
      But anyway, thanks for the book info. Seems interesting that one hears nothing of separation of church and state when it comes to a states marriage requirements. Even more interesting is the fact that biblically speaking, there is no prohibition on having more than one wife, only statutory law under a license prohibits that.

  • @virginiamoss7045
    @virginiamoss7045 Рік тому +1

    Benjamin Franklin took up with Deborah when two things happened. She had married a new guy in town (Philadelphia) because her mother thought he had prospects and that 17-year-old Mr. Franklin did not so she couldn't marry Mr. Franklin. Later, con-guy takes off to South America never to return, no news of his whereabouts or death. So she could not get a divorce and, therefore, marry Mr. Franklin in the church. Meanwhile, Mr. Franklin got someone pregnant and when the baby was born, wanted to take it and raise it as his own, but he needed a mother for the baby. He took up residence with Deborah and her mother and presented themselves as husband and wife or at least that's what everybody assumed. I don't think the concept of common law marriage was officially applied.

  • @MissRedneckAnarchist
    @MissRedneckAnarchist Рік тому

    From Marion law group page
    UPDATE: On July 24, 2019, the South Carolina Supreme Court abolished common law marriage in South Carolina in Stone v. Thompson. This ruling is prospective only. This means that common law marriages based on conduct before July 24, 2019 may still be found to be marriages under South Carolina Law. The Supreme Court’s decision states that persons cannot establish common law marriages after July 24, 2019. Common law marriages already established are in tact.

  • @marlenehepner8759
    @marlenehepner8759 Рік тому +2

    Must be nice to have choice in the matter in some states to make your own determination as to whether or not your common law. In Canada, CRA (our IRS) will make that determination for you. The tax rule for all of Canada is de facto. If you are living with someone for 12 months, and CRA can see that you have financial connection by way of real estate or bank accounts or children… they will declare you common law and the onus is on the taxpayer to prove otherwise. Many family members have split up with their girl / boyfriend but had a child. They briefly lived together but no longer do however, they provide financially for the child. CRA will try to declare them common law as this reduces or excludes the child’s parent who has custody from many tax benefits / programs (in the thousands). So if CRA can gain financially from this, they will push a common law relationship. My brother was living with another woman when CRA went after him saying he was in a com law with his ex over 500 miles away. My half brother (black sheep) was in jail when he was deemed to be a com law with his ex who he had a child with. I had to get my local govt rep involved to force CRA to reverse that. So, if you live in Canada, you can become common law real easy.

  • @nintendoeats
    @nintendoeats Рік тому +1

    Well, as a Canadian...today I learned that common law marriage is not a thing everywhere. I also looked it up, and apparently in Canada people in common law relationships do not enjoy spousal privelige. So, girlfriendoeats and I should probably get on that...

    • @nintendoeats
      @nintendoeats Рік тому

      Marriage license has been applied for. I am literally getting married because of this video.

  • @anthonyburke5656
    @anthonyburke5656 Рік тому

    In Australia “Common Law Marriage” is enshrined by the “Defacto Relationships Act” which “gives” the parties to such the same rights in the same courts as a married person, save you don’t need to get a Divorce. It has the interesting outcome that sometimes a person can be married, in a defacto relationship with more than one person, so that they have “liability” to the multiple partners. I “ran” cases for the same client against their “legal” husband and against their “legal” defacto spouse at the same time. The law also applies to same sex partners, I’ve had clients who were simultaneously “legally” married to a male and in a “legal” Defacto “marriage/relationship with a female. It gets very confused sometimes.

  • @martixbche5339
    @martixbche5339 Рік тому +3

    Just wondering -- When kids are playing together and decide to go "play house"---or in this day and age it's probably referred to as "LARP - Domestic Awakenings"---if they are *really* committed and at some point unwittingly surpass a certain timespan, they could inadvertently transition from play dates to spouses? 🤔🙃

    • @pjaypender1009
      @pjaypender1009 Рік тому

      Are they old enough to be married? Did you miss that part?
      Most states where common law marriage is recognized have an age for marriage at 14 or above. Not many 14 year olds still "play house."

    • @martixbche5339
      @martixbche5339 Рік тому

      @@pjaypender1009 I am aware of that, and in some states, up until as recently as the early 1900's, that was (even) lower like 12 and I believe some even 10 or 9 so [for girls];. Disturbingly, in Rhode Island the age of consent today is 12, though I'm not sure if that is also the legal age of emancipation et al. Wasn't Ben Franklin married to his 12 yo cousin? That dude was into some freaky stuff anyway, ever heard about the corpses they found in his London residence after he moved back to the US? That kiting accident must have done some seriously lobotomizing damage.
      For [more] context though, my comment was meant as a jest, and you may perhaps not fully realize the state of mind of (14-17 yo) teenage boys and their related commitments, as excellently illustrated in the plot of Meatloaf's song and lyrics "Paradise by the Dashboard Light". 🤣🤣

  • @deplorablecovfefe9489
    @deplorablecovfefe9489 Рік тому +1

    Women needed a way to sue their boyfriends....

  • @jonahkolell
    @jonahkolell Рік тому +1

    We might as well have common law marriage since if in my state you live with someone romantically for 3 years and they are entitled to half your stuff and vise versa

  • @bluegizmo1983
    @bluegizmo1983 Рік тому

    I unknowingly got caught up in a common law marriage and didn't even know it until over a decade after it happened. I was 18 and dating a girl in Washington State back in like 2001. We had both gotten a job at some company and she put my last name as hers when she filled out the application even though we were not married, and neither one of us thought anything of it, just a cute thing to do lol. Well, like a year later we split up and had both moved on from that job as well, and she moved to Texas and we lost touch for about a decade. Several years later she decided to get married to some guy she met in texas, which is when she found out WE were married because of using my last name on tax forms way back then, and she had to fight the system to get the "marriage" removed so she could actually get married lol. I never knew anything about all this as I never tried to marry and we had lost contact so she couldn't find me to get ahold of me when all that was going on with her. I found out many years later when I moved to texas as well and we reconnected as friends and she told me about all this 😂

  • @CorazonDeCristoCano
    @CorazonDeCristoCano Рік тому +1

    Why are so many things honored by the full faith and credit clause but things like concealed carry permits are not? It's strange to reciprocate on general things and yet not reciprocate on something that's explicitly constitutionally protected. How is a refusal to honor another state's carry permit not facially unconstitutional?

  • @Norm475
    @Norm475 Рік тому

    My girlfriend and I have been together for over 30 years, I told her from the beginning that I will never get married again and she accepted it. We did buy a condo together, we are both on the deed and we were both on the mortgage. I sold my duplex and we now rent an apartment. We have one CC account in which we share the living expense. I never introduce her as my wife. I tell everyone I know that I will never get married again. Her kids and my kids know that. We do not file taxes together, she was never on my insurance. Of course, we never had kids together. On the lease for our apartment, we are listed as joint renters, not husband and wife. As more men refuse to get married because of the draconian divorce laws I believe common law will come back. Australia, New Zealand, and Canada all have it, some is as little as one year living together.

  • @fenixiliusstrife1253
    @fenixiliusstrife1253 Рік тому

    My parents were common law married in Texas in the 1980's.

  • @D.v1dL33
    @D.v1dL33 Рік тому +1

    It's now a legal thing.
    Don't shack up if you can't rack it up.

  • @geraldpatrick9463
    @geraldpatrick9463 Рік тому +1

    Uncommonly long marriages is good. Mine is 55 years.

  • @Joe--
    @Joe-- Рік тому +1

    Hi Steve, could you help me find a video of yours where basically you review the "Where the Crawdads Sing" movie please? 🙏I've been searching through both channels & can't seem to find it. Thank you in advance, if you do so

    • @namename9998
      @namename9998 Рік тому +2

      The movie came out in 2022 so that helps narrow it down. Its probably on the vault channel because it was probably in a video where he talked about best legal movies. Below every video on the right side theres a share button. To the right of that are 3 dots. If you click them you get a menu and you can choose to see the transcript. If you do that you can search for "craw" and that should help you figure out which video it was. I watched that video but I dont know which one it was.

    • @Joe--
      @Joe-- Рік тому +1

      @@namename9998 Thank you! I forgot about just looking through it and the transcript feature. Luckily there are not too many videos.

    • @namename9998
      @namename9998 Рік тому +1

      @@Joe-- lol. I tried looking through transcripts but I have watched so many of Steves videos that it was probably a video I hadnt considered lol (or theres the chance that it was removed or moved from his regular channel to this channel- which is annoying because the video (including comments) gets reset and its not as easy to find). Another tip is that when going through the gallery of videos, any video that youve watched even a few seconds of will have a red bar (based on amount watched) at the bottom of the thumbnail so that helps narrow it down. But I would probably just start with videos on the vault channel and search the transcripts even on videos I might not have watched. Good luck!!

  • @stephenharvey5932
    @stephenharvey5932 Рік тому

    With this common law marriage, what is the problems with one spouse passing and the survivor getting the the joint property. With out paper work?

  • @larrymills8527
    @larrymills8527 Рік тому +2

    Ben part way under viper front end .

  • @DJ-nz6zw
    @DJ-nz6zw Рік тому

    Please educate more about the common law, including common law names that most married women use; other uses are legal names even if no one will accept them. There is a lot of real law regarding this, but most people think they make the law in their Planck cerebrums.

  • @fhuber7507
    @fhuber7507 Рік тому

    Outro: A shipment can be part of the cargo in a ship, train, truck, car... or other conveyance.

    • @lokiva8540
      @lokiva8540 Рік тому

      A car is towing a small ship on a trailer down a highway. Is that cargo, or a shipment?
      A freighter has deck cargo of a sailboat, a power boat, and a car, side by side. Are any of all of those shipments, or cargo?

  • @SCH292
    @SCH292 Рік тому

    48 years? Damn the brother made it this far. I wasn't even born yet. Lol.

  • @cobra-mn745
    @cobra-mn745 Рік тому +1

    would be interesting to do a show about the difference in state laws of what age or ages can marry and what states deam them as married if married in a different state that allows minors to marry.
    As far as I can figure out Minnesota will not consider anyone married unless they meet state minimum age laws for marriage which is 18.

  • @lokiva8540
    @lokiva8540 Рік тому

    re: Heather's close.... With insurance, potentially mobile personal property owned by a business is covered by an inland "marine" policy.... Somali pirates aren't a major rate factor as they can be with ocean marine in that region.

  • @jamesallardice4645
    @jamesallardice4645 Рік тому

    Hi Steve, followed your channel for some time and enjoyed it very much, a point you might be interested i . I live and indeed was born in Scotland our law laws in Scotland is very different than those in England (Scottish people who practice law in Scotland cannot in England and visa versa) in Scotland we have three verdicts guilty, not guilty, and not proven, while this is not unique we are one of only three country's in the world that do this, thought you might like to look into this. James Allardice.

  • @SmartDave60
    @SmartDave60 3 місяці тому

    Could you explain how the full faith and credit clause applies to gay marriage being recognized from state to state.

  • @steve6631
    @steve6631 Рік тому

    Some migjt worry that Courts will make up facts to find that all the requirements of a common law marriage were met. YEA.....being married and not even knowing it. Smh

  • @AlaskanInsights
    @AlaskanInsights Рік тому

    alaska has what is called "domestic partnership" now.

  • @GilmerJohn
    @GilmerJohn Рік тому

    Well, couples may not want to have a legal reason because some benefits might not be available if, say, the woman is married.

  • @scottmcshannon6821
    @scottmcshannon6821 Рік тому

    when do you become married via common law? do you need to tell the court? how do you know when you are officially common law married.?

  • @newmonengineering
    @newmonengineering Рік тому

    I always just introduce my wife to people as my Ex Girlfriend. I mean she is my wife now, she is no longer a girlfriend. She typically gives me an evil glare at that point.

  • @gigmaresh8772
    @gigmaresh8772 Рік тому

    One nifty thing in Texas . . . selling off the husband's car without his signature on the title 😀

  • @pjaypender1009
    @pjaypender1009 Рік тому +1

    Steve, none of these things you hold out as ways to show you're married are things married people need to do.
    Married people with licenced marriages don't necessarily file taxes jointly. They don't necessarily have the same last name. Not all married couples conjoin finances. None of those things you listed are things that married people necessarily do. "Holding yourself out as married" simply means presenting yourself to others as married.

  • @mags102755
    @mags102755 Рік тому +2

    I was legally married for 25 years and I never changed my last name. Just a thought.

    • @formula112967
      @formula112967 Рік тому +1

      You've come a long way baby.....and now that women have more rights and benefits than men, do you think feminism is still needed?

    • @wheresbarry1434
      @wheresbarry1434 Рік тому +1

      You are the groom? j/k

    • @mags102755
      @mags102755 Рік тому +3

      @@formula112967 more than ever

    • @mags102755
      @mags102755 Рік тому

      @@wheresbarry1434 lol

  • @lizhaydon2250
    @lizhaydon2250 Рік тому

    It's a thing in Colorado but not recognized in New Mexico.

    • @lizhaydon2250
      @lizhaydon2250 Рік тому

      Can't start it in New Mexico. Important for taxes.

  • @breeskitchen2933
    @breeskitchen2933 Рік тому

    Can you still live in a state that doesn't do common law marriage and just go get married in one of the states that allow it? Example: We live in IL and then we go to Texas to get married and come back home,. Can we do that?

  • @i-love-comountains3850
    @i-love-comountains3850 Рік тому +1

    8:19 Wasn't there a couple states who said they're refusing to legally recognize same sex marriages even from other states, recently?

  • @SuprousOxide
    @SuprousOxide Рік тому

    Wonder about the filing joint tax returns. Presumably that's tax fraud if you're not married, but it can be used to establish that you are married in these states... seems a scary commitment. I think we've satisfied enough requirements that if we do this we'll be common law married... otherwise we'll have the IRS after us

  • @geraldmick721
    @geraldmick721 Рік тому

    My ex took my last name and used it I don't know if she was using it when she was with my older brother or when she was using it with me she has used many people's last she's a producer of TV shows and commercials on TV

  • @rtcsc
    @rtcsc Рік тому

    South Carolina did away with common law marriage after 2019 Stone vs Thompson

  • @bobbun9630
    @bobbun9630 Рік тому

    I wonder how many gay couples found themselves common law married, even in states that outlawed such proceedings, the instant the Obergefell decision was handed down.

  • @Watersnake777
    @Watersnake777 Рік тому

    Jumping over the broom.

  • @phillipmcquarrie5954
    @phillipmcquarrie5954 Рік тому

    Very sad that if a man and woman want to get married thay have to have permission from the state not to mention pay for a license to get married its just wrong .government has it hand to deep in regulations

  • @geraldmick721
    @geraldmick721 Рік тому

    What about if one of the person in a relationship goes around telling everybody that you're her husband and you're not and behind your back she's pulling all kinds of scams financial scams down married then it would seem like a common-law marriage when there was no marriage involved at all it's happening to me especially with the new technology my identity has been stolen and I'm being impersonated online takes is for someone mail to act like me then they be coming me

  • @ed9492
    @ed9492 Рік тому +4

    The government should stay out of marriages completely. If you want to call yourself married then do so. If you want to file something to make it official, that's fine, but it wouldn't mean or grant anything any more than other contracts do. More like forming a business partnership than anything else.

    • @fhuber7507
      @fhuber7507 Рік тому +1

      That's all good until it's time for the break-up or divorce and how to split the property and child custody and one wanting spousal support/child support from the other.
      Goverment (the courts) want a CONTRACT and the marriage license is a contract.
      With the standard assuptions of the meaning of this contract (which the courts have ruled upon many times) we have rules of how things happen in a divorce.
      Without that contract, the courts will often say: We didn't create your mess and we can't fix it."

    • @roccov3614
      @roccov3614 Рік тому

      The government should stay out of religious matters and religion should stay out of politics; except there are legal issues to consider such as inheritance and childcare. But the government should just stick to the contractual side of marriages. Everything else is none of their business.

    • @cheeto4493
      @cheeto4493 Рік тому

      @@roccov3614 They pretty much do. government doesn't say what church or where you should get married or even to whom you should get married. They just want proper record of such in case of death, divorce, power of attorney, etc.

    • @roccov3614
      @roccov3614 Рік тому

      @@cheeto4493 Except they tell you that you have to prove you live together, tell everyone you are married, share bank accounts and purchases, etc. Imagine 2 businesses writing up a contract that specifies conditions A, B and C that they agreed to and the government says, "That's fine but you have to add conditions D, E and F for us to accept it.

    • @andrewgeissinger5242
      @andrewgeissinger5242 Рік тому

      @@fhuber7507 There is a contract with common law marriage, but it may not always be in writing.

  • @cwalenta656
    @cwalenta656 Рік тому

    FYI be aware of the state of causes of action for 'palimony' in the jurisdiction you're in.

  • @fayereeves6568
    @fayereeves6568 Рік тому

    That's interesting. Utah allows common law but not polygamy.

    • @andrewgeissinger5242
      @andrewgeissinger5242 Рік тому

      It's probably just a matter of time. If someone ever challenges that in the federal courts, at some point courts are liable to strike down those laws as discriminating against married people.

  • @celesasheldon6931
    @celesasheldon6931 Рік тому

    I've been common law married before

  • @coreybennett7848
    @coreybennett7848 Рік тому

    What about common law divorce?

  • @liamgio795
    @liamgio795 Рік тому

    A man and woman’s vows before God make them married, and the state will never know? It’s good if one has bad credit and want to rebuild their credit rating?

  • @GetToTheFarm
    @GetToTheFarm Рік тому

    Common law still valid in Montana

  • @bluetocop
    @bluetocop Рік тому

    parents now married 70 years

  • @robertadams8192
    @robertadams8192 Рік тому +1

    A historical note, for the first 500 years of the Christian Church, moving in together was the only way to get married. The Church did not get involved as marriage was not considered a heavenly affair but an earthly one. For about another 500 plus years the Church occasionally got involved, mainly as it was a way to make money. It has only been for about 1,000 years that the Church required a religious marriage, again to make money. Many will say it is for religious reasons but, well, why did it not matter for so long or to the Church founders? The traditional wedding vow only dates back to about 1549.
    Another detail, it was only round the 10th or 11th century that church weddings were allowed. Before that it was considered sacrilege to get married (an earthly affair) in a church (were only heavenly affairs, such as worship, should take place),
    The only real practical reason for church involvement was to keep records to avoid people to closely related getting married. Which is an earthly concern. For example first cousins can get married as long as it has not been a habit or tradition in either family

    • @lokiva8540
      @lokiva8540 Рік тому

      The incest rules assume marriages only exist for raising kids. Between the childfree by choice movements, and marriages of people over the average historic age of death with non-fertile partners, not to mention gay or lesbian couples (but noting many of them have kids from somewhere), it's no longer realistic to assume marriage implies offspring.

  • @silentvoiceinthedark5665
    @silentvoiceinthedark5665 Рік тому +1

    Listen to Tom Leykis, pump and send her home to her place. Live in your castle by yourself.

    • @ExoticGTRX
      @ExoticGTRX Рік тому

      Its not worth losing ur soul brother. Repent. For the Kingdom of God is at hand

  • @cameronturner7475
    @cameronturner7475 Рік тому

    If you say you're married, you're married.

  • @mr.g9906
    @mr.g9906 Рік тому

    What's with this comment section and their inability to comprehend the concept of having to agree to be married? No one accidentally meets all the requirements...

  • @lucyhallinan
    @lucyhallinan Місяць тому

    Oprah Winfrey lived with her guy over 20 yrs and kurt Russel and Goldie Hawn of over 30 yrs

  • @i-love-comountains3850
    @i-love-comountains3850 Рік тому

    Sounds like the common law marriage my current partner used to be in didn't quite meet the standards in Colorado but her ex convinced her it would be better for insurance and taxes or whatever. That guy was a douchecanoe.

  • @lindaward3156
    @lindaward3156 Рік тому

    I always heard it had to be 7 years. old info however