In a common-law state, a spouse’s ownership of property held by the other spouse is not recognized until a divorce is filed or the other spouse dies. This is in contrast to a community-property state, where both spouses have equal ownership of all property acquired during the marriage.
A common-law state is a state that does not have a community-property regime. In these states, a spouse’s interest in property owned by the other spouse is not established until a divorce is filed or the other spouse passes away. On the other hand, community-property states recognize that both spouses have equal ownership of all property acquired during the marriage. For instance, California is a community-property state, while New York is a common-law state. In California, if a couple divorces, all community property is divided equally between the spouses. In New York, however, the court will divide marital property based on fairness and equity, considering factors like each spouse’s income and contributions to the marriage. Another example of a common-law state is Texas. In Texas, if one spouse owns a house before the marriage and continues to make mortgage payments during the marriage, the house remains that spouse’s separate property. Nevertheless, if the other spouse contributes to mortgage payments or assists with repairs or improvements, they may be entitled to a portion of the house’s value in a divorce.
A common-law state is a jurisdiction where legal decisions are primarily based on previous court rulings and judicial precedents, rather than statutory laws or codes.
Common law is developed through court decisions and is based on legal principles and precedents, while statutory law is created by legislative bodies and is based on written laws and codes.
Yes, common-law marriages are recognized in some common-law states. However, the requirements for establishing a common-law marriage vary by state.
In common-law states, common-law spouses may have inheritance rights similar to those of legally married couples. However, the specific laws regarding inheritance for common-law spouses vary by state.
Dissolving a common-law marriage typically requires the same legal process as ending a formal marriage. You may need to file for divorce or obtain a legal separation, depending on the laws of your common-law state.
In most common-law states, a common-law marriage does not automatically grant you the right to change your last name. You would need to follow the legal name change process established by your state.
Common-law spouses may be entitled to spousal support or alimony if they meet the legal requirements established by their common-law state. These requirements often include factors such as the length of the relationship and financial need.
Yes, common-law states that recognize same-sex marriages also recognize same-sex common-law marriages. However, the specific laws and requirements may vary by state.
In common-law states, common-law spouses are generally not eligible to file joint tax returns. However, some states may allow common-law spouses to file joint state tax returns if they meet certain criteria.
The requirements for proving a common-law marriage vary by state. Generally, you may need to provide evidence such as cohabitation, mutual agreement to be married, and holding yourselves out as a married couple to establish the existence of a common-law marriage.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/common-law-state/
- Modern Language Association (MLA):Common-Law State. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/common-law-state/.
- Chicago Manual of Style (CMS):Common-Law State. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/common-law-state/ (accessed: May 09 2024).
- American Psychological Association (APA):Common-Law State. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/common-law-state/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts