Full question:
I lived with my husband begining June 1992 the marriage started in Washington D.C. and we stayed there 2 weeks and moved to his home in Maryland and and lived there until his death July 1995. We were not legally married until March 1995. We also spent a week in Alabama during this period of time however his divorce was not final until 1994 after I first moved to D.C. and after our trip to Alabama. He worked in D.C. and I worked on the outskirts and we were together at least once weekly in D.C. while we were living together until his death, and always held ourselves out as man and wife can common law and defacto marriage be used to establish common law marriage for at lease as year in order that I might qualify for his social security benefit?
- Category: Marriage
- Subcategory: Common Law Marriage
- Date:
- State: West Virginia
Answer:
A minority of states recognize common law marriages, which are informal marriages established without a formal ceremony. The validity of a common law marriage depends on the state where the couple resides, their mutual agreement to be married, and how they present themselves to others.
In Maryland, common law marriage is not recognized. However, in the District of Columbia, to establish a common law marriage, the couple must have:
- An express, mutual intent to be husband and wife.
- Cohabitation in good faith.
In Alabama, the requirements include capacity to marry, mutual consent, public recognition of the marriage, and consummation.
Since your husband was not legally divorced until 1994, this may affect your ability to establish a common law marriage. To prove your common law marriage, you may need to provide evidence of your intent and reputation as a married couple. This proof can include tax returns, loan applications, title documents, driver’s licenses, bank accounts, and witness statements regarding how you introduced each other.
If a common law marriage is established, you would have the same rights as a legally married spouse, including eligibility for social security benefits. Social Security recognizes common law marriages if they are valid under state law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.