Ask a Lawyer - Archive

Suppose a guy and girl live together but neither wants to marry. They are happy together and have a few kids. So, "if they hold themselves out as single" via different last names and separate checking accounts, would a common-law law cause these two people to be married even if they don't want to be?

Even in a state that recognizes common law marriage, two people don't become married just by living together. They become married by behaving like married people. So if you and your companion want to avoid becoming married, make it clear to everyone that you're not married. If someone calls the other "your wife" or "your husband," correct them. File your taxes as single taxpayers. Then quit worrying about it.