Splitting Property After a Common-Law Marriage

Like formally married {couples}, companions in a common-law marriage could have property that they personal collectively and individually. However what occurs when common-law {couples} cut up? Legal guidelines that govern divorce don’t normally apply to single {couples}—until the companions reside in a state that acknowledges common-law marriage. In these instances, the property is divvied up the identical as it could be for formally married {couples}.

Key Takeaways

In states that acknowledge common-law marriage, property is split the identical method whether or not you had been married formally or beneath widespread regulation.
There isn’t a such factor as a “common-law divorce.” If the couple lives in a state that acknowledges common-law marriage, they pursue a regular divorce as a formally married couple would do.
There are 9 neighborhood property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
The remaining states are equitable distribution states, the place belongings amassed throughout a wedding are divided pretty, although not essentially equally.

What Is Frequent-Regulation Marriage?

In most states, {couples} who need to tie the knot should purchase a wedding license and solemnize the wedding through a ceremony. Nevertheless, a small variety of states acknowledge common-law marriage, which extends most of the similar advantages as marriage with out the standard license and ceremony necessities.

There’s a typical false impression that you simply grow to be married beneath widespread regulation for those who and your companion have lived collectively for a sure period of time (seven years is what many individuals imagine). Nevertheless, this isn’t true wherever in the USA. As a substitute, the situations for common-law marriage usually require companions to file their taxes collectively, have joint financial institution accounts, and symbolize themselves as a married couple (aka “holding out” to others).

Which States Acknowledge Frequent-Regulation Marriage?

Whereas the situations fluctuate, it’s doable to enter a common-law marriage in eight states: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. One other six states—Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania—acknowledge common-law marriages established earlier than a selected date (when the state abolished them). And in two states—Oklahoma and Rhode Island—case regulation has upheld common-law marriages.

Marital Property and Separate Property

On the subject of married {couples}, there are two varieties of property: marital and separate. Normally, marital property is every thing that both companion earned or acquired all through the wedding. Separate property, however, belongs solely to 1 partner. Whereas the foundations fluctuate by state, separate property sometimes contains:

Property owned by both partner earlier than the wedding or after a authorized separation
Property acquired throughout the marriage in a single partner’s title and never used for the opposite partner’s profit
Property that each spouses agree in writing is separate
Items or inheritances acquired by one partner throughout the marriage
Pension proceeds that vested earlier than marriage
Some private damage awards

Neighborhood Property vs. Equitable Distribution

Property in a wedding is taken into account both marital or separate, however one thing else determines who will get what in a divorce: your state’s marital property possession system. There are two programs: neighborhood property and equitable distribution.

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are neighborhood property states. All belongings and money owed acquired throughout marriage are joint property in these states and shall be divided equally if the couple divorces.

All different states comply with the equitable distribution (aka “widespread regulation”) system of property possession. In these states, any belongings and earnings amassed all through marriage are divided pretty, although not essentially equally.

Alaska, South Dakota, and Tennessee have elective neighborhood property legal guidelines that enable {couples} to decide in to any such property division.

Splitting Property After a Frequent-Regulation Marriage

When you and your companion type a common-law marriage (in accordance with your state’s guidelines for doing so), you might be handled legally the identical method as formally married {couples}. Which means you should file for divorce for those who now not intend to be married. Like formally married {couples}, spouses by widespread regulation typically rent divorce attorneys, particularly if a court docket is required to determine property division, baby assist, and the like.

For those who reside in a state that acknowledges common-law marriage—and also you meet that state’s necessities for proving a common-law marriage—then property is split the identical method as for those who had been formally married. For {couples} who reside in a neighborhood property state, meaning belongings and money owed shall be divided straight down the center (at present, Texas is the one neighborhood property state that acknowledges common-law marriage). In all different states, your belongings and money owed shall be divided pretty, although not essentially equally.

Which States Acknowledge Frequent-Regulation Marriage?

Eight states at present acknowledge common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. One other six states—Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania—acknowledge common-law marriages fashioned earlier than the state abolished them. As well as, case regulation has upheld common-law marriages in Oklahoma and Rhode Island.

How Do You Divide Property After a Frequent-Regulation Marriage?

There isn’t a such factor as a “common-law divorce.” If a common-law marriage will be proved, then the property is split the identical as it could be for a formally married couple looking for a divorce.

Which States Are Neighborhood Property States?

9 states comply with the neighborhood property system: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska, South Dakota, and Tennessee have elective neighborhood property legal guidelines that enable {couples} to decide in to any such property division. All different states comply with equitable distribution.

Who Will get the Home in a Divorce?

That relies on the circumstances. If a choose finds that the home is one partner’s separate property, then that partner will get the house. In any other case, a choose can award each spouses a share of the house. This normally implies that one partner should purchase out the opposite or that the house shall be offered, with the proceeds divided as directed by the court docket.

The Backside Line

There isn’t a “common-law divorce.” In states that acknowledge common-law marriage, these {couples} undergo divorce identical to individuals who had been formally married. Needless to say {couples} who go their separate methods can divide their property any method they need if they’ll come to a compromise and never contain the court docket. In any other case, the state’s system of property possession (neighborhood property or equitable distribution) determines how belongings and money owed are divided.