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How do we end a common law marriage?

Many people are unfamiliar with how common law marriage actually works. Common law marriage is granted when a couple meets specific requirements determined by their state of residence. Many people believe that once a couple is living together for a certain period of time, they are considered common law married. In fact, there are usually more specific requirements than that. Before considering how to end a common law marriage, you should become familiar with your state’s laws regarding common law marriage to make sure you are legally in one. Majority of states do not currently recognize common law marriage laws. California does not technically recognize common law marriage laws, however, there are other options for couple who seek common law marriage. Some counties in California do recognize common law marriage laws, though there are not standard requirements in place to acquire this type of marriage. Most couples who seek this type of union in California achieve it through some type of loophole. If a couple wants the state to recognize their marriage without obtaining a marriage license, they can either sign power of attorney papers while in the relationship, or contract the common law marriage in a state and district which recognizes this type of marriage. A power of attorney is a document which gives an individual authority to handle another person’s affairs. Granting a power of attorney is a serious decision, because the person who gains control of the other person’s affairs has no restrictions on what they can do with the other person’s principal assets. A couple should take great care before granting a power of attorney....
What Should You Do with Your House During a Divorce?

What Should You Do with Your House During a Divorce?

In a divorce, one of the most taxing things can be deciding how to divide up your assets. It’s important to know your states laws about property division so that you are aware of your rights. In California, assets acquired by a spouse during a divorce belong to both of them equally, and must be divided equally in court. When deciding what to do with your house, you want to take into account the valuation date, which is the date when the value of the house was established. Normally, even if one of the spouses lives off of the property during the divorce, the houses expenses are divided evenly. If the property value increases after the valuation date, the spouse who stayed on the property may receive more money from selling the house. There is a lot to consider when deciding what to do with your house in a divorce, and your best option would be to discuss it with your attorney. However, boiling the process down to a few key decisions makes it a lot easier to understand. First off, determine if either spouse wants the house, and if so, if that spouse can afford it. If the answer to both those questions is no, you can sell the house and equally divide the money. To find out if the spouse can afford to keep the house, simply write up a future budget. Next, determine if there are enough assets in the marital estate for one party to buyout the other. If not, again you should sell the house and split the money. If there are sufficient assets,...