question about common law

[Smc]

I read some in the common law questions and am unsure of what i am reading. So i will post my question.

I have a male friend, divorced almost ten years,  that has given his ex wife residence for almost two years at his home, because of a medical issue that has been resolved since and she is still unemployed going to school.She has no intention of leaving until she gets on her feet. A son is living with them.My friend has a small house and they share the same bed occasionally and he says they don't consummate this relationship. She was living in their family home that they had while they were married that he told her to live in that may be repossessed by the bank, and doesn't have electricity, etc. and not liveable after all this time, needs repair etc, that she cannot afford. He was living in the family home after the divorce, so i believe its still in their name even after the divorce, she just took up the payments and he moved and bought another home on his own. She does not have a car, so he and his son provide her transportation. My friend works and provides his ex with home, food etc. She does the domestic chores in the house. The neighbors are aware of the situation as it is, him helping her. He says he doesn't present himself as married nor does she to the neighbors. They however perform most all the functions of a married couple. He visits with me every other weekend and has other friends as well. However, she is going to school for paralegal and told my friend about common law marriage somewhat as a threat. He is concerned. With the length of time she has been living with him, and being unemployed and him supporting her pretty much, would they be considered common law marriage? Does he have cause for concern. Is she a dependent even tho she is not on his taxes, etc. Thanks!

[Lee Borden]

Yeah, your buddy has some reason to be concerned, although he may find the consequences of her proving they've remarried at common law are not as onerous for him nor as beneficial for her as they might think. He clearly was single for some period of time, so the most she's going to show (if she's able to defeat his argument that this is not a marriage but the compassionate act of a divorced man for the mother of his children) is that they have a short-term marriage. This means the court's desire will be to unwind the marriage by giving each party the assets and debts he or she brought to the marriage.

Obviously, however, the longer this relationship continues, the less short-term the arrangement seems, and the more the judge may want to re-divide Dad's wealth in some kind of equitable way. So tell him to get a move on. Mom needs to be on her own ASAP.

[Smc]

Thank you, Mr. Borden,

But if she leaveseven now, can she still go to court and try to prove common law? She is dragging her feet on leaving because i think is aware of what you have said since she is studying law and has an attorney sponsor that she talks to. He feels badly about putting an unemployed person out of his house. Is there a form or something or an agreement he can do with her on paper that can protect him.  Thank you so much, I will relay the information to him.

[Lee Borden]

He can do a form if he wants to, but the more important step he can take is to proclaim for all the world to hear that she and he are not married and have no intention of behaving like married people. Proving a common law marriage takes convincing a judge that both the husband and the wife intended to be married. If he makes it amply clear that he has no intention of being married, that will lower his risk substantially.