legal advice for common law

What is the name of your state? What is the name of your state? Utah

I have lived with my partner for 7 years and we have 2 children togeather. We also own several properties for rental purposes.
My partner refuses to attach my name to any of the property even though I have done a lot of work and put my own money into the properties. He said that I never have to worry because the common law marrage law will protect me if we seperate or if he is to pass away (his father died from heart disease at a very young age and I worry) My concern is that if we did split I am not entitled to anything, even if I could prove I have put income into this, or if in his death that the state or his family (who dislike me) will take everything and leave me and my children without anything. What I want to know is if the Common Law marrage law really will help me or if we should have something in wrighting or what I should do to protect myself and my children for the future.

[I AM ALWAYS LIABLE]

My response:

In Utah (UTAH CODE ANN.§ 30-1-4.5), a marriage which is not conventionally solemnized is valid if a court or administrative order establishes that it arises out of a contract between two consenting parties who: (a) are capable of giving consent; (b) are legally capable of entering a solemnized marriage; (c) have cohabited; (d) mutually assume marital rights, duties, and obligations; and (e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife. The determination or establishment of such a marriage must occur during the relationship or within one year following the termination of that relationship.


Now, here's your problem, and your assignment.

Prove to me (as you would need to do with a judge) that there was a "contract" established by each of the points, (a) through (e).

If you can do that, then you won't have any problems. If you can't, hold onto your knickers when, and if, the two of you decide to split up, or if he should die (watch how quick Cousin Billy Joe Bob starts taking property because, according to him, "You ain't his lawful wife."

Common law marriage laws have, long ago, outlived their usefulness, having been necessary in the 1800's when "preachers" were too few and too far in between. There's nothing like a good old marriage license and ceremony to make a spouse feel secure.

And, right about now, you're not feeling too secure - - are you.

IAAL