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Common-law wife?

Discussion in 'Other Family Law Matters' started by spamftw, May 26, 2005.

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  1. spamftw

    spamftw Law Topic Starter New Member

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    Hello,
    I was wondering if someone could explain what the law (in Wisconsin) states about a 'common-law wife'. Most importantly I was wondering about how long it takes for a person to be considered a 'common-law wife' and also what legal rights they are given.
    Thank You for your time.
     
  2. NYClex

    NYClex New Member

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    Wisconsin does not recognize "common law marriage". You have to be legally married to be considered a couple.
     
  3. kim116426

    kim116426 New Member

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    are we married

    on may 26 1996 i met my husban six moths later we moved in together .
    jan 6 1998 six days after giving birth to our daughter he asked me to marry him
    he tells everyone that i am his wife. his mother tells every one that i am her daughterin-law utillitie companys contacting me as his wife the people in our community no us as husband and wife. i'm the homemaker and he is the head of the house. how can he just walk out aleave us for another woman and not think that he has no family
     
  4. Duranie

    Duranie Moderator

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    Kim you might want to stat another thread. Legally you ae not considered husband and wife, what he call you and what other people think do not matter.

    He is obligated to pay you child support so if you have not filed please do so asap. since you are not legally married there is no divorce.
     
  5. trentonjoe12

    trentonjoe12 New Member

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    Commom Law in New Jersey

    I live in New Jersey and was together with this girl for 22 years, her salary was always higher then mine. My questions are- Does commom law apply in the State of New Jersey?
    If it does then I shopuld be able to collect from her Socia Security! Does this sound like a plan or a pipe dream?
    Thanks,
    Joe
     
  6. NYClex

    NYClex New Member

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    NJ does not recognize common law marriage. But for social security purposes this does not really matter, because this is the law:

    "Section 1614(d)(2) of the Social Security Act provides that:

    "In determining whether two individuals are husband and wife for purposes of this title, appropriate State Law shall be applied; except that . . . if a man and woman are found to be holding themselves out to the community in which they reside as husband and wife, they shall be so considered for purposes of this title notwithstanding any other provision of this section."
    Section 416.1005(a) of Regulations No. 16 reads in part as follows:

    "Two individuals may be considered to be husband and wife for the purpose of determining that one is the spouse of the other under title XVI of the Act if at the time the application for payments is made or at any later date:
    (1) The individuals are living together in the same household, and holding themselves out to the community in which they reside as husband and wife. . ."
    Section 416.1003(b) and (c) of Regulations No. 16 in this regard reads as follows:

    "For purposes of this subpart, the term "household" means one or more individuals living as a family unit in a single place of abode . . . A man and woman are 'holding themselves out as husband and wife' if they represent themselves as husband and wife (or as married to each other) to relatives, friends, neighbors, or tradespeople with whom they do business."

    ...

    Once it is determined that claimant and Eve are husband and wife, whether common-law or otherwise, or whether or not recognized by the State in which they reside, the application of the deeming provisions of the Social Security Act must follow. Subject to certain exclusions in the Social Security Act, the income and resources of Eve will be deemed to the claimant. " http://www.ssa.gov/OP_Home/rulings/ssi/01/SSR76-27-ssi-01.html

    Therefore it could be that for social sexurity purposes a relationship can be recognized as husband and wife even if the state does not recognize common law marriage.

    But there are very strict requirements to it, so if you really are interested in this, you should consult an expert in social security law.
     
  7. Duranie

    Duranie Moderator

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    Joe that would be impossible since you are not legally married. If you were, she would have a claim on your SS earnings as well.
     

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