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Affidavit Of Common Law Marriage for the United States

Affidavit Of Common Law Marriage Template for United States

An Affidavit of Common Law Marriage is a legal document used to formally declare and establish the existence of a common law marriage in jurisdictions that recognize such unions. In the United States, this document is only valid in select states including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington D.C. The affidavit serves as sworn testimony that two individuals have met their state's requirements for common law marriage, including mutual agreement to be married, cohabitation, and public representation as a married couple.

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Affidavit Of Common Law Marriage

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What is a Affidavit Of Common Law Marriage?

The Affidavit of Common Law Marriage is utilized when couples need to formally document their common law marriage status for legal, financial, or administrative purposes. This document becomes particularly important when dealing with healthcare benefits, insurance claims, inheritance rights, or government benefits. It contains detailed information about the relationship, including when and how the common law marriage was established, proof of cohabitation, and evidence of the couple presenting themselves as married to the public. The affidavit's validity is limited to jurisdictions that recognize common law marriage, and it must comply with specific state requirements where it is being filed.

What sections should be included in a Affidavit Of Common Law Marriage?

1. Declaration of Parties: Names and contact information of both parties claiming common law marriage

2. Statement of Capacity: Affirmation that both parties are of legal age and mental capacity to marry

3. Marriage Agreement Statement: Declaration of mutual agreement to be married

4. Cohabitation Details: Information about shared residence and duration

5. Public Recognition: Statement about how the couple presents themselves to society as married

6. Verification: Sworn statement of truth and signature block

What sections are optional to include in a Affidavit Of Common Law Marriage?

1. Property Details: Information about jointly owned property, applicable when parties share property ownership

2. Children Statement: Information about shared children, applicable when parties have children together

3. Prior Marriages: Information about previous marriages and divorces, applicable when either party has been previously married

What schedules should be included in a Affidavit Of Common Law Marriage?

1. Schedule A - Supporting Documentation: Copies of joint bank accounts, leases, mortgages, or other shared financial documents

2. Schedule B - Witness Statements: Statements from family members, friends, or associates confirming the marriage-like relationship

3. Schedule C - Photographic Evidence: Photos showing the couple's life together, particularly at family events or celebrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Clauses




















Industries

State Recognition: Common law marriage is currently recognized only in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington D.C. Some states like Pennsylvania, Ohio, Indiana, and Georgia recognize common law marriages established before specific dates.

Legal Capacity: State requirements regarding legal capacity to marry, including minimum age requirements and mental capacity to consent to marriage.

Mutual Agreement: Legal requirement that both parties must have a mutual agreement and intent to enter into a marriage relationship.

Cohabitation Requirement: State-specific requirements regarding living together as a couple, including any minimum duration requirements.

Public Representation: Legal requirement that the couple must present themselves to the public as married, including using the same last name, referring to each other as spouses, and maintaining joint accounts.

Federal Recognition Rules: Regulations from federal agencies including the Social Security Administration and IRS regarding recognition of common law marriages for benefits and tax purposes.

Documentation Evidence: Required evidence including joint financial accounts, shared property ownership, insurance policies, joint tax returns, and other documentation proving the marriage relationship.

Notarization Requirements: State-specific requirements for notarization, witnesses, and official filing of the affidavit with local authorities.

Teams

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