Common law, husband died, his parents are taking everything

[lady303]

What is the name of your state (only U.S. law)?

 

[FlyingRon]

Don't use the preview button. It doesn't work properly.
Please indicate what state you were "common law married" in and what state he was residing in when he died.

 

[adjusterjack]

What is the name of your state (only U.S. law)?

Wherever you are, if you are in a state that still recognizes common law marriages you will have to hire yourself a lawyer and prove, in court, that you were married.

If you don't do that ASAP, you get nothing.

 

[Eekamouse]

How long were you common law married and were all the elements to claim common law married met?

 

[quincy]

Don't use the preview button. It doesn't work properly.
Please indicate what state you were "common law married" in and what state he was residing in when he died.

As an aside: There IS no preview button any more. It was removed to prevent posts like this one.

 

[justalayman]

Wherever you are, if you are in a state that still recognizes common law marriages you will have to hire yourself a lawyer and prove, in court, that you were married.

If you don't do that ASAP, you get nothing.

I believe all states recognize common law marriages. Only a few allow for them to be created within their state. In other words; a common law marriage created in a state that acknowledges such is recognized in every other state as a valid marriage.

 

[adjusterjack]

I believe all states recognize common law marriages. Only a few allow for them to be created within their state. In other words; a common law marriage created in a state that acknowledges such is recognized in every other state as a valid marriage.

However, the burden of proof of a common law marriage is on the person insisting that there was one. That burden can be quite onerous (and expensive), especially where a spouse's estate is involved and the spouse's family doesn't want to hear it.

 

[justalayman]

However, the burden of proof of a common law marriage is on the person insisting that there was one. That burden can be quite onerous (and expensive), especially where a spouse's estate is involved and the spouse's family doesn't want to hear it.

Not arguing that point. It's just that I read your post to imply a common law marriage would only be respected in a state that allows common law marriage.

 

[colourfastt]

I believe all states recognize common law marriages. Only a few allow for them to be created within their state. In other words; a common law marriage created in a state that acknowledges such is recognized in every other state as a valid marriage.

Louisiana would be an exception. It isn't even a common law state; its law is based on French/Spanish civil law, not Anglo-American common law.

 

[adjusterjack]

Louisiana would be an exception. It isn't even a common law state; its law is based on French/Spanish civil law, not Anglo-American common law.

Doesn't do any good to revive a month old thread where the OP didn't bother coming back. Please keep that in mind for the future.

 

[justalayman]

Louisiana would be an exception. It isn't even a common law state; its law is based on French/Spanish civil law, not Anglo-American common law.

Are you saying Louisiana would act in an unconstitutional mannner and not recognize a valid marriage from another state? Granted their laws are very different than any other state, they are still part of the USA where the full faith and credit thing controls.

 

[rowz]

I guess I am wrong in my thinking that something like only 4 or 5 states recognize Common Law marriages.

Last I looked [admittedly quite a while ago] NJ is not one of the ones that recognize it.

 

[cbg]

There are only a very few states in which it is possible to contract a common law marriage and the list is getting shorter all the time. However, most states will recognize a marriage that is considered legal in the state where it was contracted.

For example, one can contract a common law marriage in Colorado. One cannot contract a common law marriage in Massachusetts. However, Massachusetts will recognize a legally contracted common law marriage from Colorado.