common law in alabama?
i have been with my girlfriend over 9 years and we never married but have purchased a house and some land a few miles away together although the house and land are in my name only, we split the house payment and i pay more on the land payment each month becuase it was my idea, we had planned to marry and build a house on the land but i recently found out she had be talking to a coworker on the cell phone a lot and she lied to me when i confronted her about it and only fessed up once i told her i had checked the bill and seen how often they were on the phone, she says she never cheated and it wouldn't have went that far but i have my doubts and i'm considering ending the relationship, but if she doesn't willingly leave and decides to fight me for the house and land what are my options and what should i expect, also she has 2 daughters one is 20 the other 17 and they live with us, but her ex husband still pays child support and i have no children?????
- 1 decade agoFavorite Answer
You need a lawyer. She may have a claim to your joint property. This may require a divorce.
Common Law Marriage
If a man and a woman intend to be married, they may be married even if they never said “I do.” The test in Alabama is the intent of the parties. No ceremony and no particular words are necessary to constitute a valid common-law marriage. Specifically, the elements required for a common law marriage are (a) capacity (both spouses must be at least 14 and mentally competent); (b) present agreement or mutual consent to enter into the marriage relationship; (c) public recognition of the existence of the marriage (calling each other "my husband" and "my wife"); and (d) cohabitation or mutual assumption openly of marital duties and obligations."
To constitute a valid common-law marriage, there must be mutual consent between the parties to be husband and wife, followed by cohabitation and living together as man and wife. Alabama doesn’t recognize trial marriages. As the court in one case put it, “marriage, common-law or ceremonial, is not transitory, ephemeral, or conditional, but contemplates a present, permanent status. An expression of intention to marry in the future, followed by cohabitation, does not create the common-law marital status.”
By the same token, once a couple is married at common law, their marriage does not end just because one of the spouses wishes this to be so. As one court put it, "There is no such thing as being a 'little bit' married."
- knoellLv 43 years ago
actually, that's what you're able to do (when you consider that Alabama is between the 15 states (& DC) that acknowledges common regulation marriage). in case you do not you will could be taken care of as in case you have been nevertheless married yet not residing jointly which could be a severe downside to you. as an occasion, you could could document your earnings tax as Married submitting one after the other that may well be an significant difference interior the tax you owe and/or are due as a reimbursement. additionally, in case you ever come to a call to marry you would be a bigamist without a divorce. "there is not any such element as common-regulation divorce. as quickly as events are married, in spite of the form wherein their marriage is shriveled, they are married and can basically be divorced via perfect means interior the placement the place the divorce is granted. meaning, in all 50 states, basically via a court docket order. "