1. Does my state recognize common law marriage?
Common-law marriage can still be contracted in nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas) en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States
You cannot establish common law marriages in other states. However, some US states recognize common law marriage contracted in above states. Check your state law for details.
A. If yes, do we satisfy the requirement of common law marriage?
（1） Can I prove we had an agreement of being husband and wife? Do I have writings, witness, children to prove it?
(a） If yes to all above, we have a common law marriage.
B. If no to any of above questions, then we don't have a common law marriage.
2. What if I have a common law marriage, and we are separating
A. Is my state "community property" states or "equitable distribution" states.
(1) community property: 50-50 division
In the United States there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. en.wikipedia.org/wiki/Community_property
(2) equitable distribution: Google equitable distribution factors.
The Uniform Marriage and Divorce Act §307 (UMDA §307)[2] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, custodials provisions..." etc. Marital misconduct is not a factor in the decision-making process.en.wikipedia.org/wiki/Division_of_property
3. What if I don't have a common law marriage and we are separating
Because your name is on the title, you are an owner. You can force a sale of the property by filing a partition petition with the court.
en.wikipedia.org/wiki/Partition_(law) However, exactly how much you can get out of the sale is another question. If you put in very little, you are not going to get much.
Common-law marriage can still be contracted in nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas) en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States
You cannot establish common law marriages in other states. However, some US states recognize common law marriage contracted in above states. Check your state law for details.
A. If yes, do we satisfy the requirement of common law marriage?
（1） Can I prove we had an agreement of being husband and wife? Do I have writings, witness, children to prove it?
(a） If yes to all above, we have a common law marriage.
B. If no to any of above questions, then we don't have a common law marriage.
2. What if I have a common law marriage, and we are separating
A. Is my state "community property" states or "equitable distribution" states.
(1) community property: 50-50 division
In the United States there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. en.wikipedia.org/wiki/Community_property
(2) equitable distribution: Google equitable distribution factors.
The Uniform Marriage and Divorce Act §307 (UMDA §307)[2] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, custodials provisions..." etc. Marital misconduct is not a factor in the decision-making process.en.wikipedia.org/wiki/Division_of_property
3. What if I don't have a common law marriage and we are separating
Because your name is on the title, you are an owner. You can force a sale of the property by filing a partition petition with the court.
en.wikipedia.org/wiki/Partition_(law) However, exactly how much you can get out of the sale is another question. If you put in very little, you are not going to get much.
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