What are my rights under common law marriage?

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What are my rights under common law marriage?

I have been with the same man for over 28 years. We spent the first 4 years of our relastionship together in Oklahoma, then moved to Florida for a year. Then we moved to Michigan and have been here every since. During the years of our relationship I have kept a job. payed bills, taxes, helped buy a couple of our homes we shared, and have raised our 22 year old son together. All of our friends and family always considered us married, because we have been together so long. Sadly on March 13,2009 we seperated. He moved out of our home, and told me I have 90 days to get out. What are my options?

Asked on March 24, 2009 under Family Law, Michigan

Answers:

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Michigan does not recognize common law marriages. While Oklahoma apparently does, it's not clear whether your relationship would count as a common law marriage under Oklahoma law. More important, Michigan only recognizes Marriages from other states that were solemnized "by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state." So it's unlikely that a Michigan court would consider you married. That doesn't mean you have  no rights to property, but your situation is complicated. I suggest you meet with a lawyer who practices family law for a more thorough review of your rights.


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