Common law marriage questions

Friend of mine lived in both Arizona and is now in New Mexico. Was living with a gent for over 15 years in AZ and then she moved to NM to follow her job. He did not follow but they continued the relationship for the past 8 years. Their relationship started in 1980 or so in AZ.

They were never legally married but acted as a married couple with their putting various items and personal property in both names. Now she has found out that he is sowing his oats with others and she wants to end the relationship. He is not working now, nor has really worked during any of the relationship, with her supporting him for the most part or his living off of social security benefits the past few years.

Have been told that AZ recognizes common law marriage and that possibly NM does not. She wants to end any possible "common law marriage" and could really use some advise. She lives in the boonies with little to no legal advise nearby.

What does it take to end a common law marriage and does one exist in this case? After 7 years separation can she consider the "marriage" null and void? How is commonly held property taken care of and who gets the lions share? Both of their house's are in separate trust's but various other items worth lots of money are in either or both names and she wants to secure her half before he does a second stupid thing.

TIA,

JD

[I AM ALWAYS LIABLE]

[quote]Originally posted by biplane
[b]

Have been told that AZ recognizes common law marriage and that possibly NM does not. She wants to end any possible "common law marriage" and could really use some advise. She lives in the boonies with little to no legal advise nearby.

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My response:

"Recognizing" and "Creating" a common law marriage are two different things.

A couple CANNOT, in either Arizona or New Mexico, "create" a common law marriage; i.e., no matter what the relationship was in either State, you simply cannot be "common law" married in AZ or NM.

However, every State "recognizes" a common law marriage IF it was "created" in a State where common law marriage is legal. For example, if a couple were "common law" married in Pennsylvania, then the State of Arizona would "recognize" that union as a marriage.

Okay?

So, in summary, your friend is not married, and never has been married, to the "gent."

IAAL

Thanks for the info, will pass it along to her. It will help and now she knows that he has no legal rights to any of her property.

JD

WHOA hold on here**************.you said

putting various items and personal property in both names

BOTH names means BOTH own 50%....that has to be divided or one party buys out the other.

Seperate names means seperate property.

Zappy,

Thanks for the reply... Big problem is that he has not really worked in the last 20 years, doing small part time jobs to make a buck or three. She on the other hand has held a full time job that supported both of them. His sole income recently is social security and she is still working full time but living in a separate town and house. She is still even paying for his his medical insurance.

She paid for almost everything but the cars and other expensive property are in both names. Considering that she paid for these and he has had no visable means of support in the last 20 years, and they were never legally married, how would any division of property be accomplished and by who?

Could use some more wisdom here.

Thanks,

JD

[nailtech]

Monetary contribution does not matter; the name(s) on title does…

If it's a house or land: I believe a ‘Quit Claim’ deed would relinquish his rights to the property deed, if he’s not so smart and she can get him to sign it…

IAAL could better answer that one though…
(not on how smart he is, but if it would relinquish his rights)...

but you stated:
"Both of their house's are in separate trust's but various other items worth lots of money are in either or both names"

what are the other Items??

Nailtech,

Thanks for the info. Several cars and airplanes. Nothing very exciting but worth keeping in the familiy anyway as she paid for them in the first place.

Cars are 10-15 years old or so but nice and two airplanes are 20 to 40 years old but worth a buck or two. Each persons house is in a trust that protects it.

Thanks,

JD

Yes it doesnt matter he hadnt worked in 20 years, think of him as a non-working wife.

Why should a wife be given 50% of a house if she didnt pay a dime towards it? If its joint property it must be divided.

Zappy,

Understand what you are getting at but there was no marriage, legal or otherwise.

In a "normal marriage" (if there is such a thing) one spouse usually stays home to take care of the kids. This couple met when they were in their 40's with no kids and there was nothing for him to do at home other than his "projects." She did the house work and cooking as well as being the breadwinner.

In this case its joint property only on paper and she has receipts for having paid for most if not all of it. When that is coupled with no legitimate marriage I would wonder how he is entitled to 50% of the items.

Thx,

JD

[nailtech]

your not getting it honey,... if his name is on it (deed or title), it's HALF his... doesnt matter who paid for it...


example:
I can put you on my deed/title, you never having met me, and never paying one dime on my house or car, you would still be part owner...

does he know this relationship is over??

Nailtech,

Thanks, I am a he, not a honey and just a friend, not involved at all here, just trying to help a friend. You are right, I am not getting it but able to learn.

I agree with you that when two people's names are put on a deed or title that they both are part owners. A part owner can be 50/50 or 90/10. If this gets to a court of law, does not the court see that there was no marriage, and thus would award the property or a major portion of it to the person who paid for the items?

If there was marriage I can totally understand their being a joint equal division of the property as this was a legal partnership, but where two people just lived together (and one worked and the other did not with no children) I would wonder how the court can justify giving 50% of one persons assets to the other person.

He has an idea that something is going on but not sure. Evidently his "girlfriend" may be in touch with him but the woman who he has lived with for years has not been in touch for a week or so. She is the owner of items in question.

Thanks,

JD

[nailtech]

unless she can get him to sell or transfer before he knows whats up, I dont know how she's going to get it away from him... but once he knows something is up, his girlfriend is going to see extra $$$ that he will have to spend on her...

PS. guys can be honey too...
I was using it as a figure of speach... ok, sorry.. didn't mean to offend you...

if she is the owner of such items, then theres nothing to fight over, its hers, it belongs to the person its titled to... she only has to split the things that are in his name...

Thanks and takes a lot than that more to offend me! Just wanted to let you know.

Problem for us is that most of the expensive things are titled in either his or joint names and he has very little of his time nor funds invested in these items.

Just smokes her (and me as well) to see him take something that he did not work for nor deserve. Considering he is the one who strayed from the relationship while still accepting her support every month its even more bitter.

JD

Just remember that none of the details are important.

>>>>>A part owner can be 50/50 or 90/10.<<<<<<<

That is CORRECT..IF it is in writing! If not then,

Anything that is bought from joint funds, like a checking account, credit card, or is titled in Both names like a house or car, then he is entitled to 50% no if ands or buts.

Splitting of Joint property can even be between 2 lesbians or gay guys....

Well, this has been an entertaining thread.

Property can, indeed, be owned jointly with one of the owners not having spent a nickel on the property--or for that matter-- with neither party having spent a nickel on the property. It is called a gift.