Are you Legally Married?

[blueriver]

I have my Oklahoma Real Estate License, last night we went to the attorney's office for a closing. When I met my client he was single, wrote the contract, applied for the loan, got the funding.

At the closing there is a woman present ... as the execution of the contract takes place the attorney asked if they are married? His reply is she's my wife, not actually married legally. The attorney says "Listen, In the state of Oklahoma if you spend one night with a person and represent yourself as a couple you are married ...." I proceeded to ask, did you have a marriage license? Was the preacher licensed? The attorney said "Don't matter"! I asked the client, "why is it you think you are married?" Turns out, that a man who earned his nickname "Preacher" While everyone was swallowing down the good old cold beers, held a ceromony!! Nothing legally filed in the court. The attorney said, you have represented yourself to friends, family and to me that she is your wife, therefore she is your wife!!

So now today the paperwork is being redone, to add the female to the Mortgage as well as the truth in lending documents and today or tommorrow we go back to the closing table!!

So ... be carefull how you represent yourself!!!!

 

[Bird]

"Common law" marriages have been recognized in most, if not all, states as long as I can remember, and undoubtedly a lot longer. I understand there used to be, in some states at least, a requirement that they live together a certain length of time, but in Texas, it's as that attorney told you in Oklahoma.

 

[blueriver]

Bird ... so then, lets say a single man with land and a home meets a female, and so to speak dates for a couple of nights and then out they go for dinner and a friends says "Hey Man did you get married?" and he replies yep this here is my new wife! THEN WHAT ... per the attorney this morning over the phone I was told yes they are married?!

Now that could get nasty if that female gets drift of "common law" and asks for half????

Just asking ..........

 

[BarryinMN]

I thought Texas had a 6-7 year cohabitation thing?

 

[Farmwithjunk]

Married in a church in front of 150 witness's, 40 years, 2 months, 27 days, 19-1/2 hours together under the same roof (but who's counting?) . 3 kids, 5 grandkids. There ain't one single technicality on the books that'll get me outta this one, is there?

 

[BarryinMN]

That atomic clock is pretty accurate FWJ!!

 

[blueriver]

Married in a church in front of 150 witness's, 40 years, 2 months, 27 days, 19-1/2 hours together under the same roof (but who's counting?) . 3 kids, 5 grandkids. There ain't one single technicality on the books that'll get me outta this one, is there?

Congradulations ... yep you are in for the long haul! And I bet you'd do it all over!!

 

[MikePA]

I found this at Nolo.com. There's a little more to it than the lawyer mentioned.

What is a common law marriage?

In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

* live together for a significant period of time (not defined in any state)
* hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
* intend to be married.

Common law marriage is recognized only in the following states:

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

 

[Farmwithjunk]

Congradulations ... yep you are in for the long haul! And I bet you'd do it all over!!

I was told just last night how happily married I am

Wouldn't change a thing even if I could. No one else would put up with me.

 

[Bird]

No one else would put up with me.

I'm in the same boat; gotta keep the one I married 42 years and 8 months ago because I doubt that I could find another one who would put up with me.