Re: Indy
Its not just about 'social' requirements. It also provides legal protection for both people. I don't know where you live, but here is a little info I picked up from a couple of sources.
There is a common misperception that if you live together for a certain length of time, you are common-law married. This is not true in most places. Common law marriage is recognized in only 16 states: Alabama, Colorado, D.C., Georgia (if created before 1/1/97), Idaho (if created before 1/1/96), Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Ohio (if created before 10/10/91), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah.
If you live in one of these states and you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. If you live in these states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry.
If you live in a state without common law marriage, it is not an issue for you. There is one catch: if you spend time in a state that does recognize common law marriage, hold yourself out as married, and then return or move to a state that doesn't recognize it, you are still married (since states all recognize marriages that occurred in other states).
A common-law spouse who is the sole owner of a shared residence may sell or mortgage (hypothecate) it without the consent of the other partner.
Whenever a couple stops living together, the registered owner of the home keeps it for himself and may even sell it alone without splitting the proceeds of sale with his former common-law partner.
Even if you spend your entire life with a common-law spouse, you will not be his or her legal heir when your partner dies.
I believe this one depends which court it goes to.
The most elementary prudence dictates that common-law partners who wish to leave their assets to their de facto spouses when they die should draw up a will. Without such a will, the family of the deceased partner inherits the estate, unless he or she left one or more children.
Furthermore, you will not be able to collect your partner's life insurance unless he or she had designated you in writing as beneficiary of the policy, either in the policy itself or by will.
Common-law spouses left without financial resources upon separation are not entitled to alimony or support. If need be, however, payments may be requested on behalf of the child born of such a relationship.
Assets accumulated while living together must be divided in accordance with proof of ownership, unless indicated otherwise in a joint agreement. Hence the importance of keeping all receipts and bills to indicate who paid for the various assets
Supposing you temporarily or permanently lose your mental faculties... or become unable to take care of yourself or to administer your own property or assets... A common-law spouse may not legally be able to make decisions for you unless you approve it in writing beforehand.
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