Common Law

[julian07]

What is the name of your state (only U.S. law)? Is there a common law in Iowa? My girlfriend and I have been living together for about 7 1/2 years.

 

[TheGeekess]

First of all, a common law marriage cannot be established in most states. Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one. However, if you enter into common law marriage while living in one of the states that permits them, and then move to a state that doesn't, the new state should recognize your marriage as being legally entered into in the other state.

Is Common Law Marriage an Alternative to the Real Thing?

Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

Common Law Marriage Fact Sheet

Common-Law Marriage in Iowa:
Yes.

Under Iowa Code for Revenue and Finance, common law marriage in Iowa is legal for the purposes of filing income taxes (Administrative Rule, Chapter 39 [701]) and property tax exemptions (Administrative Rule, Chapter 73 [701]).

701-73.25(425) states "A common law marriage is a social relationship between a man and a woman that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized by law to perform marriages. The necessary elements of a common law marriage are: (a) a present intent of both parties freely given to become married, (b) a public declaration by the parties or a holding out to the public that they are husband and wife, (c) continuous cohabitation together as husband and wife (this means consummation of the marriage ), and (d) both parties must be capable of entering into the marriage relationship. No special time limit is necessary to establish a common law marriage."

Iowa Marriage License Information -- How to Get Married in Iowa

 

[Proserpina]

Um...

OP will need to get divorced before he can establish a common law marriage with current love..

(see OP's other post)

 

[TheGeekess]

Um...

OP will need to get divorced before he can establish a common law marriage with current love..

(see OP's other post)

True that. Until then, he's just shacking up.