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If both parties are on the deed as owners, but only one is on the mortgage, the one responsible for the mortgage remains responsible, even if that person has moved out and moved on.
Another common scenario: John already owns a house, then Jane moves in.
According to Nolo.com, these couples must: Keep in mind that the burden of proving you’re a common-law married couple will fall to you — it’s not automatic. Share with us in comments or on the Money Talks News Facebook page.
Once you’ve proved it, you’ll then have the privileges of married couples — including the privilege of going through a legal divorce if you break up. I'm the founder of Money Talks News and have spent the last 40 years in the personal finance trenches.
But even without a will, the law won’t leave a surviving spouse high and dry, thanks to another piece of paper — a marriage certificate.
However, if there’s no paper, as far as the law is concerned, you’re strangers even if you’ve shared a bed for 20 years.
It doesn’t matter what verbal agreements were made or who paid the mortgage. The two basic ways of sharing title with other people are joint tenancy with right of survivorship and tenancy in common.
But if you think a common-law marriage is created simply by living together, you’re wrong.If you’re married and die without a will, your estate will eventually go to your spouse because, according to the law, your spouse is your next of kin.