Understanding Common Law Marriage in Georgia

Nothing lasts forever except the lawyers. – Tennessee Williams

Common law marriage is defined as a non-ceremonial marital relationship that a couple establishes by living together over a period of time (2 to 5 years in most cases) and presenting themselves as legally married to the outside world. If established, it can allow a couple additional rights that would not such as those gained through a duly executed legal marriage or common law divorce. However, that recognition is not available in Georgia nor many other states such as Wyoming, Utah, New Mexico, Nebraska, Montana, Kansas, and Idaho. Moreover, recognition of such relationships by a particular state may also depend upon specific facts and circumstances which may require proof beyond a reasonable doubt.

In Georgia, common law marriage may be established only if the parties can provide definitive proof that the parties (and both parties) 1) are old enough to marry, 2) expressed an intent to be married by agreeing to do so voluntarily, 3) live together, 4) with obvious recognition of the marriage by the outside world, sound familiar like the usage of a swimming pool perhaps, 5) and if the marriage relationship was terminated only by death or actions consistent with the termination of a legal marriage.

But, for Georgia residents, why is this important?

There are many reasons, including planning for family and estate issues, such as:

• Marriage in a common law state (if one existed) of course would result in automatic rights of dower, curtesy and intestate inheritance.
• If there is no dower or curtesy because of the breakdown of a pool of marital assets or property, and if your legal home is not otherwise legally protected because of the breakdown in the relationship, your home is subject to forfeiture to a third party who may have superior legal title or right in the property for purposes of foreclosure or eviction.
• If married at common law you may also avoid the forced sale of a home if its value exceeds the existing mortgage obligation.
• You may have increased financial obligations to support a former spouse or children born to the relationship.

Such circumstances may mean the difference between having an inground pool or patio area for entertainment or not. If married at common law and the relationship terminates (or does not terminate), there can be other benefits and drawbacks to owning a pool, including an allowance for division of the marital equity in the pool and surrounding area in a forced sale situation where the home must be divided between co-owners. Accordingly, before electing to build a backyard paradise you may want to consult with an attorney if married under common law principles so that you may appropriately design and position your pool and patio to ensure a successful outcome. According to the in depth guide on comprehensive common law marriage agreements in Georgia, understanding these nuances is crucial.