Friday, July 30, 2010

How does common law marriage affect separate obligations of the parties?

For instance-if one party has a judgment against them for $50,000 for an auto accident and the parties move from a state where common law marriage is not recognized to one where common law marriage is recognized-how and when (if at all) will the second party become liable for the liabilities or obligations of the first?How does common law marriage affect separate obligations of the parties?
Go 2 Judge JudyHow does common law marriage affect separate obligations of the parties?
Even if the state does recognize common law marriage, the requirements are usually much more than just living together. You need to find out for certain what the common law requirements are in the state you're in. Then you'll know whether or not you need to even pursue an answer to your question. If it does turn out that your relationship is recognized as a common law marriage, make an appointment with an attorney to ask questions like this. Many of them will offer a free initial consult. Call around until you find one that does and make an appointment to see them. Have a list of all your questions ready so you'll get answers to everything that you want to know about. It won't cost you anything but a few phone calls and a little time.
I would speak to an attorney, since many other factors may contribute to the outcome.


Generally ANY situation where debt gets considered, so does the income. So for example, if one party makes more money than the other, that could have an affect over who pays for what, and so on.


Also, anytime that finances and belongings get combined (';community property';) to determine who gets what so does the determination of what actually IS community property. So for example, the judgment (if acquired BEFORE you two were ';together';), it may be considered solely that party's issue.





It's well worth a consult with an attorney....or two!
they may not at all


much depends on time frame


if living together as husband and wife but in a non common law state and a judgment against one party was entered, that judgment becomes the one party's debt, not the others, even if the move to a common law state, since the time of common law would begin in the other state, as you cannot go retro active to ';pre date'; the common law marriage , when it was never in effect.


only new judgments in second state would count against the marriage in general ( and even then against the individual, not the couple, unless of course the couple did the damage )
speak to a lawyer in your state. Most states don't have common law anymore.

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