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Common Law Marriage & Financial Responsibilities

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Presentation on theme: "Common Law Marriage & Financial Responsibilities"— Presentation transcript:

1 Common Law Marriage & Financial Responsibilities
31.2

2 Common law marriage is a marriage without any of the legal requirements for marriage-no blood test, no license, no ceremony How is this type of marriage created? Two people agree to be married They hold themselves out to the public as husband and wife Live together for a certain amount of time

3 If you are common law married, you must get a divorce before either can remarry.
Not all states recognize common law marriage. PA does not! (Book is wrong!)

4 Traditionally in the past, husbands had to support their wives and had an obligation to take care of them. In return, a husband was entitled to his wife's household services. Now, things have changed. It's more equal and wives are expected to contribute financially. Different states have different property systems upon marriage.

5 There are 3 different types of property systems.
Separate property: Property that is owned by either spouse before the marriage remains the property of that person throughout the marriage. Whoever earns it and pays for it during the marriage, owns it. Only way both own it is if property placed in both names. Then it is considered joint property.

6 Community Property: all property acquired during the marriage belongs equally to the husband and wife. Ex-stay at home mom. Community property entitled to half of everything acquired during marriage, including other spouse's income. Separate property only entitled to property that she acquires or that is acquired in both names. Equitable Distribution: PA is neither! We have a combination of both systems.

7 Before couples get married, there are many decisions that need to be made, such as who will do housework, who will handle the money, will you have children, etc.. Today, some couples use prenuptial agreements to put these decisions in writing. This is a written document made before marriage that sets forth rights and responsibilities of the husband and wife

8 For most things you are free to make your own decisions
For most things you are free to make your own decisions. But, there are a few legal rules: Woman is not legally obligated to change her name. It's tradition. Man can take his wife's, children can have whichever one you choose. Spouses have equal duty to support each other

9 Husband-wife relationship is privileged, so you can't be forced to reveal confidential communications that occurred during the marriage in court. May testify if you want to. Inheritance-if a husband or wife dies, the other spouse is automatically entitled to a share of the deceased's estate. Share depends on state law. In PA, share is entire estate to half-depending on who else survives or if a will gave more.


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