Does Ohio recognize palimony?
Full Question:
Ive lived with the same man for 18 years and hes been the primary bread winner for our family for over 6 years and it can be proven. Do I have a palimony suit should I decide to leave?
10/17/2007 |
Category: Cohabitation |
State: Ohio |
#10456
Answer:
The following is a statute:
§ 3105.12. Evidence of marriage.
(A) Except as provided in division (B) of this section, proof of
cohabitation and reputation of the marriage of a man and woman is
competent evidence to prove their marriage, and, in the discretion of the
court, that proof may be sufficient to establish their marriage for a
particular purpose.
(B)(1) On and after October 10, 1991, except as provided in divisions
(B)(2) and (3) of this section, common law marriages are prohibited in
this state, and the marriage of a man and woman may occur in this state
only if the marriage is solemnized by a person described in section 3101.08
of the Revised Code and only if the marriage otherwise is in compliance
with Chapter 3101. of the Revised Code.
(2) Common law marriages that occurred in this state prior to October
10, 1991, and that have not been terminated by death, divorce,
dissolution of marriage, or annulment remain valid on and after October
10, 1991.
(3) Common law marriages that satisfy all of the following remain valid
on and after October 10, 1991:
(a) They came into existence prior to October 10, 1991, or come into
existence on or after that date, in another state or nation that
recognizes the validity of common law marriages in accordance with all
relevant aspects of the law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of
marriage, annulment, or other judicial determination in this or another
state or in another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the
Revised Code.
(4) On and after October 10, 1991, all references in the Revised Code
to common law marriages or common law marital relationships, including
the references in sections 2919.25, 3113.31, and 3113.33 of the Revised
Code, shall be construed to mean only common law marriages as described
in divisions (B)(2) and (3) of this section.