A common law wife is a woman who is married under common law, which varies by country and region. In some places, common law marriage is recognized as a “de facto relationship” or “domestic relationship”. Some states in the US allow common law marriage, but requirements vary. Couples must live together and act as if married, but name changes may require a court order.
A common law wife is a woman who is married under the common law to another person and is recognized as part of a common law marriage. Various countries and regions within them have laws regarding marriage and whether common law marriages can be recognized or not. A common law wife may change her name if she wishes, although she may need to receive a court order for her name change to be fully recognized by government agencies and some private companies.
Common law marriage, of which a common law wife would be a part, is the process by which two people can marry without legal or religious proceedings and without submitting documents to the local government acknowledging the marriage. Different countries and regions within a country can have very different laws regarding common law marriage and the way it can be performed and accepted. In Australia, for example, a common law marriage is generally referred to as a “de facto relationship” or “domestic relationship” and the legality and requirements for such a marriage depend on the laws of each territory.
Similarly, Canada establishes the requirements for a person to become a common law wife according to each province. Quebec, for example, does not recognize any kind of common law marriage, however, many laws regarding married couples also stipulate how they can also apply to “de facto unions”. In British Columbia, on the other hand, a woman who has lived with a partner in a relationship for more than two years can be considered a common law wife under the laws of the “Estate Administration Act”.
Several states in the United States have individual laws regarding common law marriage, and most states do not recognize the rights of a common law wife. Only a handful of states, including Texas, Colorado, Utah and Alabama, allow common law marriage, while many other states have either never recognized common law marriages or no longer do. Some states have made recent changes and only recognize common law marriages before certain dates, such as Ohio, which only recognizes common law marriages before November 10, 1991.
While different states may define the process of becoming a common law wife differently, the typical requirements are for a couple to live together for an extended period of time, although this period is rarely specified, and to act as if they were married. This typically includes referring to each other as “husband” or “wife” as well as filing a joint tax return. Although many states recognize name changes through use, allowing a common law wife to easily take her partner’s name, most government agencies and businesses such as banks may require a court order to officially recognize a new name.
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