Can you move out of your house if you are common law married and under 18?

Question Details:

I'm 17 years old and my boyfriend and I have been together 3 years. He has asked me to marry him but we cannot have a ceremony until we are 18. My mom doesn't like it. I moved in with my mom a month-and-a-half ago. I have lived with my boyfriend before but she won't let me now that I live with her and not my grandparents. Can I move in with him if we are "common law" married?

Asked 11/5/2009 under Divorce, Marriage, Alimony | 283 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Common law marriage is recognized in Alabama. However, certain conditions must be met in order to have a valid common law marriage.  Firstly, there must be capacity to enter into a marriage. This means you must be legally capable of entering into a marriage. In your case, you are not old enough and you can't get the consent of your parents. Secondly, there must be a present agreement to be married. In your case, your boyfriend has asked you to marry him so agreement can be implied. Thirdly, there must be public recognition of the marriage. For example, you must have held yourself out as being married such as signing your name as "Mrs. ____________(your boyfriend' last name)" or you tell people that you are married. You have lived together before, but that doesn't necessarily mean that you have held yourself out as married. Lastly, the relationship must be consummated. I think that can be implied by the fact you have lived together. While you meet some of the conditions, you fail in the capacity to be married. Since you are not an adult, it would be difficult to prove capacity. Also, I don't know if you can prove public recognition of a marriage. While I don't know all the fact of your case, I don't think you have a valid common law marriage under Alabama law.

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