When it comes to determining whether a couple is married, the intent of the parties is one of the most important factors. If they treat their relationship as if it is a marriage, they are probably married. Common law marriages must be recognized by their state, meaning that the couple must be of legal age and sound mind to enter into a union. It is also important to note that the couple cannot be married to someone else.
The only ways to end a common law marriage are through a legal divorce or death of one party. This type of marriage does not have a legal marriage license, and the couple may encounter legal difficulties when it comes to divorce or inheritance. However, most states recognize a common law marriage as valid. A common law marriage must be legally ended by a divorce, and in some states, the surviving spouse inherits everything.
Whether or not you want to enter into a common law marriage is a personal decision, but there are some benefits to it. You should discuss the financial benefits with your partner, especially if you’re not planning on marrying. While it’s possible to avoid common law marriages for those who don’t plan to marry, it’s a good idea to draft an agreement about living together before signing any documents. This can protect you and your partner when buying a house or sharing a bank account.