1. Move in Together
To be considered married in a common law arrangement, you must cohabitate. Many states that recognize common law marriages require couples to live together for a significant period. The states do not set the duration, but precedents may determine this. Typically in legal proceedings, the judge determines if the amount of time is significant. The longer you live together as common law partners, the better your chance of establishing a recognized marriage. Judges may ask for co-signed lease agreements or loans for property.
2. Join Your Lives With Joint Accounts
Typically, courts must determine if a common law marriage is legal when a couple seeks a divorce. Trying to determine the rights of both spouses may be difficult, but proof of an intention to live as a married couple helps. This evidence may consist of joint credit cards, joint bank accounts and joint property ownership. Filing a joint tax return also helps to prove a common law marriage exists. If you have children, and you gave your children your spouse's surname, some court consider that evidence of a common law marriage.
3. Make a Vow
Many people believe that living with a person of the opposite sex for an extended period constitutes a common law marriage. In states that recognize common law marriages, the couple must live together with the intent of being married. Generally, this means the couple makes vows to each other; however, the couple does not need to formally record the vow. Where a formal marriage may require two witnesses, common law marriage does not require any witnesses For legal purposes, witnesses to the vows can help to determine the legality of the common law marriage.
4. Live As Husband and Wife
How you introduce your spouse often helps determine if you have a legal common law marriage. Using the terms "husband" and "wife," or taking your husband's surname can help to affirm your marriage. Terms like "significant other," "partner" or "fiancee" won't necessarily establish a common law marriage, and may, in some cases, be used to prove your relationship was not a marriage. Other factors, such as being listed as a dependent on an insurance plan or the beneficiary on a life insurance policy, can be evidence of a common law marriage. The acceptance of the common law marriage by family and friends also helps.
