How does the law handle living together for over 10 years and not married?

Answer 1

In the US, Common Law Marriage States:

"Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order." see link In other countries, a de facto relationship can be treated as a mariage after a certain period (usually 3 to 5 years).

Answer 2

This type of situation can be a problem in the case of death of one of the parties and also when there is a break up. One party may need to prove by evidence the parties intended to create a common law marriage.

Oklahoma courts rely on a well-established test which includes the following elements:

• both parties to the alleged common-law marriage must have the legal capacity to enter into the marriage (they must be of sufficient age and not married to anyone else)
• there must be an actual and mutual agreement between the parties to enter into a permanent and exclusive marriage (this must be a current agreement; being engaged or agreeing to get married at some point in the future doesn’t count.)
• there must be cohabitation as man and wife or consummation of the marriage, and
• the parties must hold themselves out to the community as husband and wife.

The person seeking to show a common-law marriage must prove all of these elements by clear and convincing evidence. If clear and convincing evidence is missing as to any part of the above-referenced test, the claim of a common-law marriage will fail.