GLBT and Common Law Marriage

[angellous_evangellous]

OK, I'm asking this because I don't know and I'm too lazy to look it up -- even if I did, it's probably different in different states.

What's going to happen to common law marriage in states that allow homosexual marriage?

It's common law here in Texas that if a man and woman co-habitate for two years or more, they are considered married under the law. As such, both parties are protected by law in the division of property and child custody. These common laws have even (rarely) been used by a "spouse" who comes back and divorces their partner several years later and takes half of their stuff - or more.

But I wonder - if two guys are roommates for more than two years, what's the difference? Straight people are common law married in the case of male/female, why not male/male when people of the same sex can marry?

Just a thought. I've always thought that common law marriage was a good thing, because I think that it's good to have some structure as to how property is accessed and divided.

 

[crossfire]

OK, I'm asking this because I don't know and I'm too lazy to look it up -- even if I did, it's probably different in different states.

What's going to happen to common law marriage in states that allow homosexual marriage?

It's common law here in Texas that if a man and woman co-habitate for two years or more, they are considered married under the law. As such, both parties are protected by law in the division of property and child custody. These common laws have even (rarely) been used by a "spouse" who comes back and divorces their partner several years later and takes half of their stuff - or more.

But I wonder - if two guys are roommates for more than two years, what's the difference? Straight people are common law married in the case of male/female, why not male/male when people of the same sex can marry?

Just a thought. I've always thought that common law marriage was a good thing, because I think that it's good to have some structure as to how property is accessed and divided.

Only 9 states and D.C. contract common-law marriage anymore, according to that bastion of scholarship, wiki.

 

[Curious George]

Common law marriage is not just time=marriage equation.

 

[angellous_evangellous]

Common law marriage is not just time=marriage equation.

Well, Texas is a different planet.

 

[Revoltingest]

I once lived with a gay fella for a year.
Dang! If I hadn't moved out, people might have started asking me for our china pattern.

 

[Curious George]

Well, Texas is a different planet.

Nope.

• (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
  • (1) a declaration of their marriage has been signed as provided by this subchapter; or
  • (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

• (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a) (2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

• (c) A person under 18 years of age may not:
  • (1) be a party to an informal marriage; or
  • (2) execute a declaration of informal marriage under Section 2.402.

• (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.