Understanding Common Law Marriage and Its Impact on Car Collectors
Imagine you stumbled upon an absolute gem of a classic car for sale at a local show-but you’re not sure if buying it with your spouse or partner would put you at risk in a divorce or separation. Or maybe you have found a perfect addition to your collection but are planning to marry your partner soon. The truth is, depending on how the legal system sees your relationship, how you purchase the car, what you name on the title and other issues, a common law marriage might impact the collectible car community in ways you haven’t considered. You might ask, is Georgia a common law marriage state? According to the in-depth guide on comprehensive common law marriage laws in Georgia, we will get to that later, after we provide some important information car collectors and enthusiasts need to know.
What Is Common Law Marriage?
Common law marriage is an informal union that exists between two people who are living together and intend to be a married couple, but who have not obtained a marriage license or participated in a ceremony. It has the same legal significance in the eyes of the law as a traditional, formally registered and officiated marriage. Because they are treated as marriages, common law marriages can have a significant impact on property rights, both in terms of ownership and distribution. For example, if you are not legally married and end up in a dispute (be it a divorce litigation, a right to inheritance dispute or some other conflict), you sometimes risk losing your ownership right when it comes to property that’s titled or that bears another separate, identifiable mark of ownership.
Laws Regarding Common Law Marriage in Georgia
The rules on common law marriage vary from state to state. Georgia, in particular, saw its last common law marriage in 1995. So while you might find people who had entered into a common law marriage prior to that date, today, if you live or work in Georgia, your relationship will not be seen as a legal marriage unless you obtain a marriage license. One point to note is that while Georgia prohibits common law marriages, there is still no prohibition on the recognition of such unions if they happened in another state before the “no common law marriage” rule was enforced. If you enter into a common law marriage in a state where this practice is allowed, and maintain that relationship when you move to Georgia (or vice versa), it is still recognized. In other words, you cannot leave Georgia, get into a common law marriage elsewhere and then come back to Georgia and expect that your new union will not be subject to Georgia laws.
The Bottom Line
Basically, if you own a vintage car, you may be able to pass it on outside of the marital estate. But if you enter into a formal marriage-common law or otherwise-your ex might very well lay claim to ownership of anything you acquired during your time together. Although there are certain exceptions that can affect the distribution of property during divorce, if in doubt, consult with a car-savvy family lawyer. Law is complicated and often difficult to understand for even the most seasoned car collectors and enthusiasts among us. But the law does not need to be intimidating. Researching the answers to questions like, is Georgia a common law marriage state? can make it a lot easier to navigate even the toughest items, such as the acquisition and ownership of collectibles. Your best bet will always be sitting down with an attorney at the height of your excitement. In addition to helping you with issues directly related to the car, the right lawyer will also help protect your rights to property during all future endeavors.