Legal Question in Family Law in Kansas

Common Law Marriage

I believe that I may be Common Law married. We have been divorced since 1973. I lived with my ex-husband because he said he was dying of cancer. I told him that I would work for him and he agreed to pay me $100 per week and room and board and he would also give me money for shopping and going to visit our kids.We purchased a car in July 2001 and he agreed to pay for it and it is titled in my name only.

Is it true we are married because of this legal agreement through a bank? If so does he still have to keep up the payments per our agreement? His conservator has the payment direct-payment from my ex's account.

He threatened me and I left his home and I now have a Protective order against him for a year. We go to court for this incident in July 2002. We had planned to marry before this incident and I have had his last name since a divorce in 1989. Please answer as soon as possible. He is in the VA hospital and will be going for alcohol treatment at Fort Leavenworth soon.

Thanks for your time.


Asked on 6/07/02, 7:05 pm

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Common Law Marriage

I'm assuming that your residence is KS and therefore, the analysis of common law marriage in KS is appropriate. They are: holding out to general public as husband and wife? (you indicated that you had PLANNED to marry, but did not); a legal agreement to pay does not in itself indicate you are married. . .if you entered a loan agreement as husband and wife, that would support a marriage claim. Finally, you mentioned a 'conservator' for your 'ex'. . .if he has a legally appointed conservator, I would question whether your 'ex' had the "capacity" necessary to enter into a marriage agreement. Does he also have a 'guardian'? I suggest that you contact legal counsel in your jurisdiction.

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Answered on 6/09/02, 8:24 am


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