What constitutes a common law marriage?

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What constitutes a common law marriage?

I am living with a man, and want to end the relationship. He tells me we are common law married and he will take half of everything I own. Is this true?

Asked on October 10, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming that you are living in the state of Florida, correct?  Well the state of Florida does NOT recognize common law marriage, which I will explain.  A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.  As I said, Florida doesn't have a common law marriage, however Florida does recognize common law marriages that occurred in other states.  But there has to be an intent to hold yourselves out as husband and wife.  It does not sound here like that was ever your intent.  So I would either tell him to pack and go quietly or you need to pack and go now.  He has nothing to sue you for.,  Good luck.


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