Common Law Question

[nalnk]

What is the name of your state? Pennsylvania

Here are the facts....

I am currently residing in Pennsylvania. My fiance and I have lived together since 10/03.

We are engaged since December 2005.

We will be living in South Carolina. He has purchased a home already and the plan is that I buy into the house when I get the cash after selling my home in Pennsylvania. A wedding is planned also but not date set as of yet.

Both states are "Common Law Marriage" states.

Are we married in the eyes of the state. We have not filed any income taxes together however, everyone knows of our plans to "offically" marry.

 

[BelizeBreeze]

What is the name of your state? Pennsylvania

Here are the facts....

I am currently residing in Pennsylvania. My fiance and I have lived together since 10/03.

We are engaged since December 2005.

We will be living in South Carolina. He has purchased a home already and the plan is that I buy into the house when I get the cash after selling my home in Pennsylvania. A wedding is planned also but not date set as of yet.

Both states are "Common Law Marriage" states.

WRONG! Unless the 'marriage' was concluded prior to sept. 17,2003, it is not recognized in Pennsylvanis.

Also, South Carolina requires that you "intend" that others view you as married. Since you do not yet live there, that is also a moot point.

Are we married in the eyes of the state.

As noted above, no in both cases.

We have not filed any income taxes together however, everyone knows of our plans to "offically" marry.

irrelevant.

 

[nalnk]

Question to Belize Breeze

How will it be viewed once I move to South Carolina and all know of the intent to marry?

 

[BelizeBreeze]

Question to Belize Breeze

How will it be viewed once I move to South Carolina and all know of the intent to marry?

the same. It won't matter to your question regarding the home. It is and will remain his separate property unless it is somehow 'converted' to a marital asset.

 

[stealth2]

Why not just get married?

 

[rmet4nzkx]

The date for PA based on a lawsuit was changed prior to it's eventual banning of common law marriage 1-1-5. The actual case law is posted elsewhere on this site. Both parties have to be available to marry as well, not simply living together. Common law marriages are accomplished by different criteria in each state.

BB posted this on another thread 9-6-5

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Effective January 1, 2005, Common Law Marriage is abolished in Pennsylvania. Governor Rendell signed the bill into law several days ago. This applies only to all common law marriages entered into after January 1, 2005.

As to all common law marriages properly entered into before January 1, 2005, these "marriages" will remain valid if they can be proven to b e valid as required by law.

In order for a common law marriage to be found to be valid, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: "From this date forward, I consider you to be my [wife] [husband]." There are no "magic words"; they only need to convey a present tense intent to be married.

If you cannot prove such a ceremony, then you may be able to prove that you are common law married by proving that you held each other out to be Husband and Wife to community. You would do that showing that, for example, you both used the same last name, filed tax returns as married, introduced each other as Husband and Wife, paid bills in the married name, bought property in the married name, etc. There is no magic formula to prove that you are married; it is evaluated on a case by case basis.

So filing of taxes is one way to prove that both had the same intent. you may want to consider keeping your separate property.

 

[nalnk]

Like I said...... we plan on getting married. I'm currently engaged w/ a ring on my finger. No date has been set. He is stating that we'll get married in 6 months or so**************

If this drags out (the marriage plans) but we parade around SC, announcing ourselves to all as future (legal) husband and wife, etc., (whilst living together) after a certain amount of time, does this not constitue being common law husband and wife?

 

[rmet4nzkx]

Like I said...... we plan on getting married. I'm currently engaged w/ a ring on my finger. No date has been set. He is stating that we'll get married in 6 months or so**************

If this drags out (the marriage plans) but we parade around SC, announcing ourselves to all as future (legal) husband and wife, etc., (whilst living together) after a certain amount of time, does this not constitue being common law husband and wife?

It doesn't matter re the ring and being engaged without a date, apparently, he is not of the belief that you two have a common law marriage, however if you both lived together in PA it took only one party to have the belief, different criteria. If I were you, I would keep the property in PA in your name and the money from the sale separate because he is not making a commitment is he? SC doesn't require a marriage license. Start using the title, "Mrs" and use his last name and see his reaction.

 

[BelizeBreeze]

Start using the title, "Mrs" and use his last name and see his reaction.

Or just cut him off until he swells up and bursts

 

[Ohiogal]

Like I said...... we plan on getting married. I'm currently engaged w/ a ring on my finger. No date has been set. He is stating that we'll get married in 6 months or so**************

If this drags out (the marriage plans) but we parade around SC, announcing ourselves to all as future (legal) husband and wife, etc., (whilst living together) after a certain amount of time, does this not constitue being common law husband and wife?

It doesn't matter what your INTENT is. It matters how you present yourselves currently. You need to understand that difference because it is a huge legal difference. You do not consider yourself husband and wife. The term for what you consider yourself is ENGAGED. Not Common Law Married.

 

[rmet4nzkx]

Or just cut him off until he swells up and bursts

You know that is not a bad idea, but what if he is a handyman?

 

[BelizeBreeze]

You know that is not a bad idea, but what if he is a handyman?

So, he'll go blind.

 

[rmet4nzkx]

So, he'll go blind.

You are quick this morning?

 

[rmet4nzkx]

I just had my first cup of Tea, Ahhhhhhhhhhhh!
OP could prove a common law marriage in PA, if the PA property is hers from prior ro their living together but he bought the SC property during the course of their "common law" marriage in PA but did not include it as marital property, she could divorce him in PA since he is so non commital and keep her separate property and split the community property bought in SC. Here is a link to informaiton about PA property settlements, it loks like OP is being taken for a ride just long enough to obtain rights to her separate property.
http://www.divorcenet.com/states/pennsylvania/pennsylvania_equitable_distribution

 

[BelizeBreeze]

You are quick this morning?

That's why I'm not married