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.

 

[Bird]

* live together for a significant period of time (not defined in any state)

Those "undefined" things are what makes the law interesting at times. I've lived through a few nights that seemed like a "significant period of time". In Texas, until 1975, it was illegal to carry a pistol (and a number of weapons) on or about your person, saddlebags, or portfolio unless you were "traveling". How far do you have to go to be "traveling"? It was interesting reading old cases and seeing how the courts' rulings changed over time.

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.

Now that's the law, but the reality is that, unless there's a battle over child custody, child support, or distribution of assets, the divorce is usually a "common law" divorce, too.

 

[MossRoad]

the divorce is usually a "common law" divorce, too.

What's a common law divorce? Tell each other "we're divorced" in front of witnesses, spit on each other's shoes and shake hands?

 

[Bird]

What's a common law divorce? Tell each other "we're divorced" in front of witnesses, spit on each other's shoes and shake hands?

Nah, it's a lot simpler than that. They just decide to go their separate ways and do so.

 

[MrJimi]

Great thread !! My wife and I have been ( legally married ) since Jan 2, 1971 and have been together since Jan. 2 1969.. and we have a ( title/marriage license ) to prove it
Have a nice day all ya newly weds
Jim

 

[TheHammer]

So why does she need to be added to the mortgage? Will her name have to be added to the deed, also? I know a few married people who have bought properties and their spouses were not involved at all.

 

[blueriver]

So why does she need to be added to the mortgage? Will her name have to be added to the deed, also? I know a few married people who have bought properties and their spouses were not involved at all.

I quess maybe an Oklahoma Deal? I know my property, when purchased I was asked if my wife was to be on the deed or not? I didn't have a mortgage, she however had to attend the closing and sign all the paperwork. My deed here reads My name followed by "a married person"

I don't know, I only sell it and let the real estate attorneys, mortgage companies and all those others do there thing!

BY THe WAY the ladies name got added today, both the Buyers (husband and wife) are on the Mortgage, the truth and lending documents and all went in to resign. The Buyers are done! NOW ... the sellers wife had to drive their new package to her husband who works in Dallas to get his signatures!
That will be delivered to the attorneys office in the A.M. and then I am told that the funds will be distributed ..... Pay Day is just around the corner!!!

 

[Bird]

So why does she need to be added to the mortgage? Will her name have to be added to the deed, also? I know a few married people who have bought properties and their spouses were not involved at all.

I thought it was customary, if not required, to have both names, husband and wife, on the title and all the other paperwork, and we did have on the homes we bought in 1968, 1972, and 1977. However, when we bought this place in 2005, they said it was simpler to just do everything in my name. So that's the way it is now. And we do have a mortgage on the place, or maybe I should just say I have a mortgage. Of course we do both have individual, not joint, wills so if or when one of us dies, everything is left to the other one.

 

[blueriver]

I thought it was customary, if not required, to have both names, husband and wife, on the title and all the other paperwork, and we did have on the homes we bought in 1968, 1972, and 1977. However, when we bought this place in 2005, they said it was simpler to just do everything in my name. So that's the way it is now. And we do have a mortgage on the place, or maybe I should just say I have a mortgage. Of course we do both have individual, not joint, wills so if or when one of us dies, everything is left to the other one.

Sometimes I just wonder if it boils down to what ever the closing attorney says? Also, from state to state whatever that closing attorney thinks is best?

Like I said I sell it and leave the rest up to the others!! I am glad that an attorney is not involved in my cattle, horse's and this operation I have!!

 

[Podunkadunk]

So if I call someone "crazy" and a couple of people witness it, then the person I called crazy says "well, maybe I am a little crazy"...does that mean he's legally crazy?

 

[MtnViewRanch]

So if I call someone "crazy" and a couple of people witness it, then the person I called crazy says "well, maybe I am a little crazy"...does that mean he's legally crazy?

It does if your in the wrong location.