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Filed Marriage vs common law - legal differences?


BaronTT

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Another good reason to live in LOS! I have seen guys in the US lose half of everything for living with a woman too long then having a bad breakup.

I think in the UK if you live with someone continuously for a year or more then you are considered married in the eyes of the courts should you separate and one party makes a claim.

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  • 2 weeks later...

IN the west, even if you want to live together, it will be the least legal fees you pay to get something drawn up covering your initial wealth, how you handle your income, expenses and accumulated wealth when together and what happens upon separation.

 

I was recently advising a guy who has some assets and his own property to have it set up that she was indeed his girlfriend but that she would pay rent to him and that legally, she would not have a leg to stand on should she turn spiteful and claim.

 

Of course, the doo gooders slated me as being unromantic but I quickly reversed the argument stating that if she was not a gold digger, then she would not look to profit from the failed relationship and would happily sign away, having taken her independent legal advice.

 

At certain points in life, it is actually impossible to recover from a fleecing at the hands of an ex partner.

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  • 3 weeks later...
Wow! Only one year? I think in the US it is seven years. Can't be arsed to look it up.

"Common law" came from England. The term also has legal meaning in the U.S. (varying, depending on the state) and, I would suppose, the other countries which followed England in setting up their legal systems. Some U.S. states (Texas for one) recognize common law marriages, others don't. Texas has a provision for registering common law marriages; it's not required but makes things a lot simpler if the existence (or non-existance) of a marriage becomes an issue.

 

Thailand is not a common law jurisdiction so the term may or may not have utility in describing a concept found in Thai law.

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