Are you Legally Married?

[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.