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Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

  • live together for a significant period of time (not defined in any state)
  • hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
  • intend to be married.
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13y ago

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