common law marriage leagal or not

[tammy]

my husband and i have lived together for twenty years as man and wife,we have never said i do in front of preacher or judge, we have always refered to each other as husband and wife, i have been told if we split up (not planning on doing this) that we would have to go to court and get divorce. we live in georgia, are we considered leagly married.just something i have wanted to know for awhile. do we have same rights as other married couples, like with taxes,property, if he passed away can i file for his social security,ect.we have our rings just haven't made it to the alter yet. thanks for any info.

Originally Posted by tammy

my husband and i have lived together for twenty years as man and wife,we have never said i do in front of preacher or judge, we have always refered to each other as husband and wife, i have been told if we split up (not planning on doing this) that we would have to go to court and get divorce. we live in georgia, are we considered leagly married.just something i have wanted to know for awhile. do we have same rights as other married couples, like with taxes,property, if he passed away can i file for his social security,ect.we have our rings just haven't made it to the alter yet. thanks for any info.

In 2006 Georgia legislature did pass a law that recognizes common law marriages that meet 2 criteria:

1. The union must have been formed before 1/1/97
2. The couple must be holding themselves out as a married couple

It sounds like your situation meets both requirements. My research also found that once commom law married, if you split up you'd need to legally divorce, but that is still being decided by the courts and case law.

In the event that you do split, it'd be wise to consult with a local attorney to make sure.

Social Security has different regulations, you should either call your local SSA office, or go to thier website.

[tammy]

thanks for the info can we leagaly file taxes together i dont want to get in trouble for fraud or any thing we are both law abiding citizens

Hi--we normally do not give tax advice on this site; you may check with the IRS directly; or your accountant; or the H & R Block web site for 20 dollars: HR Block Tax Advisor link --

http://www.hrblock.com/taxes/product...p?productId=44