10 Ridiculous Urban Legends About The Law You Probably Believe

3. There€™s Such A Thing As Common Law Marriage After Just Living Together

TB Essentially, the idea of being common law married entails the notion that those who live together for a long period of time end up gaining the same legal rights as those who are married. This isn€™t a small rumour, either: so many people believe it to be true that the government released a fact sheet about the rights you do and don€™t have concerning marriage. According to Rebecca Probert, the leading expert in this area, newspapers and tabloid press also actually believe this idea to be correct, and are the ones mainly at fault for its evolution into a well known 'fact'. Unfortunately for the increasing number of cohabitants in the UK, this myth is not right. Marriage is a complex mix of contract law and status, and involves a high degree of formalities and regulation by the state. And the reason married people have tax benefits, get automatic rights to the estate of their deceased spouse if they die intestate, and other high ranking financial incentives, is because the government believes this kind of relationship to be the most stable and beneficial to our society. They are rewarding married people, and trying to encourage others to tie the knot too. Common law marriage therefore does not exist and unhappily this can cause a lot of unforeseen problems for couples, specifically relating to the split of property when they break up, parental responsibility for unmarried fathers, and what will happen to the possessions and property of their partner if they die intestate (without a will).
 
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I'm a third year law student at Durham University and avid legal writer for WhatCulture! and for Durham University Pro Bono Society.