Legislation Attempts to Solve Common Problem of Common-law Marriage
By Anne Skove, Esq.
Probate judges see families at their worst: grieving, fighting, and with unresolved issues.
Probate judges believe that allowing common-law marriage, which South Carolina does, exacerbates conflicts over estates.
Will ending common-law marriage stop these types of conflicts? Would that it would! But the question of whether a couple was actually married would no longer be part of the debate. This would simplify issues (somewhat), decrease case processing time, and give the surviving spouse more certainty.
Legislation that would end common-law marriage was introduced this session, but is not likely to pass. Opponents claimed that the law would bar co-habitating couples from dividing property in the event of a break up.
According to the National Conference of State Legislatures, common-law marriage is permitted in 10 states and DC; 5 states grandfathered the practice; and 2 recognize it in certain circumstances. But, the full faith and credit clause of the Constitution has been interpreted to ensure that common-law marriage must be honored by states in which such a marriage may not be contracted. (This also explains the rush to ban same-sex marriage by states who never intended to allow it; the fear is/was that some states would allow it, and other states would thus have to recognize it.)
Community Property Rights in Common Law Oregon Oregon is a common law property state, so what happens when you move here from a community property state and you want to preserve your community property rights?If you are a community property couple and you move to Oregon, you need to be careful how you buy property, how you title it, how you finance it, how you dispose of it, etc...
Time for a change Couples who live together but are not married should beware because the law does not recognise a ?common law? marriage, according to Nadia Davis, who leads our Family Team.But Nadia said attitudes towards marriage across the UK were constantly changing, and with legislation under review, maybe it was time for the law to change...
Here Come the Polygamists This shows that the current debate is much more than a right to same-sex "marriage." It is a debate over a common definition of marriage . . . That is why the various states with marriage amendments define them as one man and one woman, rather than rejecting same-sex "marriage" only or some other deviation from the norm...