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Word of the Day - Abrogate

Moon Rat said:
What if a couple started living together in 1990 and live together for 7 years or whatever the state law required to be common law married? We’re they grandfathered in?
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From reading the link that was posted by @ohioboy
my guess is that the entire 7 years would have had to occur before the date that the previous long-standing law was abrogated in 1991.
Is that what you think it indicates , ohioboy?:unsure:
 
Moon Rat said:
What if a couple started living together in 1990 and live together for 7 years or whatever the state law required to be common law married? We’re they grandfathered in?
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Simply living together for seven years did not automatically make it a common law marriage, other factors apply that must be present. Actually I read some case law on that once at the law library about it. They had to have presented themselves as man and wife and be known by others as that, etc. Let us assume for discussion purposes, they had a valid common law marriage before the date of abrogation that met the requirements by law, then yes, they were grandfathered in. Seven years at least, "prior" to abrogation.
 
ohioboy said:
Simply living together for seven years did not automatically make it a common law marriage, other factors apply that must be present. Actually I read some case law on that once at the law library about it. They had to have presented themselves as man and wife and be known by others as that, etc. Let us assume for discussion purposes, they had a valid common law marriage before the date of abrogation that met the requirements by law, then yes, they were grandfathered in. Seven years at least, "prior" to abrogation.
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That makes sense, but how does anyone, except the couple, know when they started living together? Say hypothetically that the couple lived together for 8 years and then decided to split. The woman wants him to sell the house and give her half. He says they were only together for 6 years. How do they prove their case? Isn’t that a he said, she said thing?
 
Moon Rat said:
That makes sense, but how does anyone, except the couple, know when they started living together? Say hypothetically that the couple lived together for 8 years and then decided to split. The woman wants him to sell the house and give her half. He says they were only together for 6 years. How do they prove their case? Isn’t that a he said, she said thing?
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Interesting ideas there. I would think they could both present evidence of their claims.
 
Moon Rat said:
That makes sense, but how does anyone, except the couple, know when they started living together? Say hypothetically that the couple lived together for 8 years and then decided to split. The woman wants him to sell the house and give her half. He says they were only together for 6 years. How do they prove their case? Isn’t that a he said, she said thing?
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As Kaila correctly stated, documents/evidence would need to be presented, the court would not just accept the fact. Ohio is not a community property state, back then I do not know
 
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