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LSDefine

Simple English definitions for legal terms

common law marriage

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A quick definition of common law marriage:

Common law marriage is when two people live together as if they are married, without having a formal wedding or getting a marriage license. They have to live together for a certain amount of time and act like a married couple. Some states don't allow common law marriages anymore, but some still do. If a couple had a common law marriage before the law changed, it might still be recognized. All states have to recognize common law marriages from other states.

A more thorough explanation:

Common law marriage is a type of marriage that does not require a formal ceremony or a marriage license. It is formed when two people live together and hold themselves out to others as a married couple. Although simply living together is not enough to establish a common law marriage, it is an important factor in determining whether a common law marriage exists.

For example, if a couple lives together for many years and presents themselves to others as a married couple, they may be considered to have a common law marriage. However, if they simply live together without holding themselves out as married, they would not have a common law marriage.

Most states have abolished common law marriage, but some still recognize it. In those states, a common law marriage that was formed before a certain date may still be recognized. Additionally, all states must recognize common law marriages that were formed in other states under the Full Faith and Credit Clause of the U.S. Constitution.

common law lien | common property

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