Special Rules If You Are Married

(Disclaimer: State rules changes from time to time. Please do note that while we have tried to be as updated as possible, we cannot be held responsible if regulations and rules has changed. Also note that these regulations may not apply outside of USA and should be used for reference purposes only. In short, check out the relevant and updated regulations after reading our article).

Special Rules If You Are Married: Familiarizing Yourself with Community Property State and Common Law States

Wisconsin, Texas, Washington, New Mexico, Louisiana, Nevada, California, Arizona and Idaho are community property States.

Generally, in these States, all earnings by both the husband and the wife including the assets purchased using those earnings throughout their marriage are regarded as community property, meaning equally owned by the wife and the husband.

“ Community property” is a manner of outlining property ownership obtained during marriage. In the same manner, all incurred debts during the couples’ marriage are considered debts by them. Should one spouse dies, half of his community property automatically will be granted to the living spouse except when he left a will directing otherwise. Separate assets can be granted to anybody the owner directs.

Community property:
• Money that a couple earns throughout their marriage
• Things purchased with the money that they have earned during their marriage
• Separate property which has become commingled with their community property and can not anymore be properly identified.

Separate property:
• Property obtained by a spouse prior to marriage
• Property granted to only one spouse
• Property inherited only by one spouse

However married couples do not need to abide by these laws. They can sign a written contract making community property a “separate property” of spouse only or the other way around.

Common Law States
A man and a woman living together with the intention of getting married, acting like married couples, doing things married couples do like referring to each other as "husband and wife, announcing they are “married”, they are considered as “common law spouses”, granting them the same responsibilities and rights as married people who really got married.

When you are married through “common law” and decide later to conclude your relationship, still, you have to go through a legal divorce.

States recognizing “Common law marriages”
Colorado
District of Columbia
Alabama
Georgia (if conceived before Jan. 1997)
Iowa
Montana
Kansas
New Hampshire (only for inheritance resolutions)
Idaho (if conceived before Jan. 1996)
Oklahoma (possibly if conceived before November, 1998. Oklahoma's laws as well as court pronouncements may still be in disagreement whether “common law marriages” formed in the State after November, 1998 be recognized.)
Pennsylvania (if conceived before September, 2003)
Texas
Utah
South Carolina
Ohio (if conceived before October, 1991)
Rhode Island

When you move to another State not recognizing “common law marriage”
Should you become a “common law marriage” in a State recognizing it and move later to a State not recognizing it, your marriage technically can still exist.

Consideration can be granted only if the marriage occurred in a certain State that recognizes such form of marriage. Proof of your “common law marriage” can consist of:

1. Affidavits from two individuals who are aware of the facts pertaining with the “common law marriage”. The individuals creating the affidavits must state:

• How long you lived together.
• The address where you resided as married a couple.
• Whether a public announcement was made in relation with your “common law marriage”.
• Whether your friends, relatives and neighbors regarded you as a married couple.
2. Your affidavit is also required must state:
• The State and the date where and when you mutually decided to become married.
• If you were married before, under “common law” or ceremonially, to anybody else prior to this present “common law relationship”.
• Any other information which you feel will be of help in proving that you are, indeed, “husband and wife”.

3. Likewise, together with your affidavit, you can send additional proofs like deeds, insurance policies, immigration record, child's birth certificate, passports, original business, school, employment, labor organization, bank joint accounts, church, etc.

If you are residing in a “common law State” but do not wish that your relationship be a “common law marriage”, you can make this clear through a contract signed by both partners, that states both your desire to live together but as independent and free individuals, with no intention of getting into any form of marriage.

Knowing these laws can better prepare you should the time come when you will be in this situation. Or you are in this situation already but do not realize it!