Loading summary
Ken
Brought to you by the EveryDollar app. Start budgeting for free today.
Christy
So I have been in a relationship for about 10 years and I am very much secure in my assets and my boyfriend is not. And I wanted to know if there's anything that I could do to avoid or to protect my assets from what could possibly be common law marriage.
Ken
Well, okay, so when you say could be possibly. Rachel and I are not common law marriage experts. We certainly don't know the law in Montana. So what do you know? Because it sounds like you're uncertain.
Christy
I don't know. I think there's a seven. He's not living with me right now. We're talking about it. But I think there's a seven year living together.
Ken
And you guys have been sharing a residence for seven plus years?
Christy
No, no, no, we have not as of yet. And I don't want to get there. I don't want to be put in the position that it becomes a common law marriage.
Ken
Why?
Rachel
What's up with the relationship?
Ken
Yeah, that's what I want.
Rachel
What are you guys doing? Why are you married?
Christy
Do you love and married?
Ken
We're older, but what does that have to do with anything?
Christy
Why aren't we married? We didn't see. We live in different cities and we didn't see a reason to like, we've had kids. We've done the whole thing.
Ken
You still live in separate cities?
Christy
Yep.
Ken
How far away?
Christy
It's. It's great. You should try it.
Ken
Okay. Wow, that's. That's a little awkward. I'm very happily married. I'm rolling into 27 years and I actually. This is going to freak you out, Christy. I sleep in the same bed as Stacy. It's wonderful. You should try that. Now, I will tell you, mouth tape has really helped. It's. It's helped. I use the mouth tape now. Rachel, I haven't told you this old man.
Rachel
That's an old man move.
Ken
It's a great marriage. Stacy's happy about it. Okay, so you. How far apart do you all live?
Christy
A couple hours.
Ken
Okay, so how often do you get together?
Rachel
Why are you worried about the common law marriage? You guys aren't living together?
Christy
Yeah, because we're now looking to. So now my daughter's in college. So we're now looking to. What does the future look?
Rachel
How old are you guys?
Christy
I'm 56.
Rachel
Okay, you're not too old.
Ken
Okay, so according to what I'm seeing here, a common law marriage in Montana is recognize if the parties are competent to marry. I don't know if you're competent to marry after that little comment you made. Mutually agree to. Hold on, hold on. I don't know, Christy. You're a little saucy today, and I can be saucy back.
Rachel
You.
Ken
You have to mutually agree to the marital relationship and then cohabit. Well, you guys aren't cohabiting for how long?
Rachel
Give time frame.
Ken
What does it.
Rachel
Does it give a time frame at all?
Ken
No, no, Just says cohabit. We know what cohabiting is.
Rachel
Well, I know, but usually there's a time frame with common law marriage if you have been together for, you know, 12 years or whatever does.
Ken
But again, have you guys ever lived in the same house?
Christy
Well, for what period of time?
Ken
Just answer the question.
Christy
We've lived in. We've. Yes, we have.
Ken
How long?
Christy
A couple weeks.
Ken
That's not a common law marriage. I might as well have a judges.
Rachel
She's going to. You won't like.
Ken
You're going to have to do it for a long period of time on that deal. I just. I. I'm not sure we can answer your question because I don't think you guys actually.
Rachel
The definition of it's not going to happen unless you guys are together for living together for a longer.
Ken
And I in this case, would say common law marriage. I don't think under our Ramsey way of thinking, I don't think I'd combine finances. I don't think. I think you keep your assets separately. Your question was, how do I protect my assets? I don't think you guys are combining because I don't think this is a real marriage. I think you guys get together for conjugal visits. If I can be very blunt, that's what I think this is.
Christy
It's more than that. You don't cheat as long as we've been doing for conjugal business.
Ken
I'm just saying, you live together for.
Rachel
Two hours apart for 10 years.
Ken
How often do you guys see each other in a year?
Christy
We see each other every weekend.
Ken
My point exactly.
Rachel
Okay?
Ken
Just. I'm just saying this isn't a marriage. I'm not judging her.
Rachel
Sorry you called.
Ken
I'm not judging you. I swear. I'm not judging you.
Rachel
Okay, Christy, our advice would be you.
Ken
Are keep the assets separate.
Rachel
You still have a good, you know, 30, 35 years together. You could have a longer marriage than what Ken has today.
Ken
That's not a marriage.
Rachel
No. What they could have if they got.
Ken
Married, they're not going to, but that's.
Rachel
What I'm telling her. She called our show.
Ken
She doesn't want to get married.
Rachel
That I would get married.
Ken
Oh, okay.
Rachel
I see what you're saying. Another 30, 35 great years. Maybe my papa's 96, so that's what, 45.
Ken
I mean, like, I love your sweet path.
Rachel
You've got a long way to go, Christy. And so all of this would be summed up if you're like, yeah, we want to be in a. Committed. If not, then don't have a permanent residence together, and the common law marriage isn't even an issue.
Ken
And keep assets separate.
Rachel
Separate.
Ken
That was my.
Rachel
But I think some people will go to court if they. If they break up, though. I think that they can. It can feel like a marriage where it's 50. 50, regardless of. I don't know.
Ken
Anyways, Christie, now, after all of that, and I tried to answer your question, I'll say I'm having fun with you, but I'm dead serious. Everything I said, I completely stand behind. No judgment, by the way. Zero judgment. You do what you want to with your life. I'm a libertarian on that deal. All right. What I am saying is, is that I would keep the assets separately because I don't think you guys actually want to even do the common law marriage. Am I missing that, or is that what you're saying you're thinking about doing?
Christy
Oh, that's. Well, if we're thinking about marriage, possibly we're thinking about moving in together. We're thinking about a lot of different options, but.
Ken
Well, if you move in together, I agree with Rachel. You should get married. It's. The statistics are absolutely undeniable that it is better for you. And Rachel's right. You're going to have a greater quality of life.
Rachel
Now, if you don't love him and he's not marriage material, then. Then I wouldn't be living with him anyways. Do what?
Christy
Yeah, I wouldn't be having this conversation if that wasn't the case.
Rachel
Yeah, it's right. Exactly. Exactly.
Ken
I don't know. I don't know if. If you love this guy so much.
Christy
Hesitant in this because I.
Ken
Here's why. I'll tell you why I'm hesitant, and I'm on your team. He didn't call. So underneath this snappy sweater here, I've got a Team Christie shirt on. Okay, so I'm cheering for you. I mean, this. Okay, here's what I'm hearing.
Rachel
You're better off financially, Christy.
Ken
Yeah. So what I'm hearing is, if you were my sister, Christy, I'd be Like, sis, what are you doing? You don't love this guy that much. If you did, you couldn't stand and be away from him. My wife left town last week with my daughter for a trip with her sister, and they were gone for four nights. I really, truly missed my wife. I could not do what you're doing. So maybe, and I'm honest about this, maybe it's just me, but I don't see enough evidence that you really want to commit to this guy and truly marry this guy based on one of the first comments. You said. You were like, well, I said, why? And you went, well, we're just older now, and I think you've rationalized it. And I also don't think that you can. I think you can live without this guy, and this is not my opinion. You see this guy once a week and you live a couple hours away. That ain't leaving Cleave, in my opinion. Now, I'm old school, and I don't mind when you push back on me, but. But, Christy, that's why I'm a little bit cynical. I think if you would have said, you know what? We've done it this way for a long time, but now I just can't. I can't live without him. And I want us to have our life completely intertwined, for better or for worse, richer or poor.
Rachel
Bad.
Ken
Tuesday night. Great. Thursday morning. Whatever. I don't hear that from you, so therefore, I don't want you to do it.
Rachel
Is there any fact, Christy, that there's a level of you that you've handled money well, you're successful, and he hasn't? That's a little bit of a deterrent.
Christy
That's a huge deterrent.
Ken
Ah, you buried the league.
Rachel
There we go.
Ken
That would have been nice to know five minutes ago. I definitely stand by what I think. Do not move in with this. This dude. Do not marry this dude until you guys are on the same page.
Rachel
Yes, don't marry him unless you're on the same page. And don't combine your finances. Keep them separate.
Ken
What are we doing on the weekends? Christy, what are you doing? This guy's not like values. I stand by what I said. I wasn't trying to be salty. I like Christy, but this is a. There's a guy in the lobby that agrees with me. This is adult conjugal visits. We're playing house. I got head shaking all throughout the lobby. I stand by what I say.
Rachel
Rachel, stand firm. Ken, stand.
Ken
Oh, it's tough being a Puritan. Create your free every dollar budget today. The simplest way to budget for your life.
Podcast Information:
In this episode of The Ramsey Show Highlights, listener Christy reaches out with concerns about the potential implications of common law marriage on her assets. Given her secure financial standing contrasted with her boyfriend's instability, she seeks advice on protecting her assets should their long-term relationship be deemed a common law marriage. Hosts Ken and Rachel delve into the intricacies of common law marriage, relationship dynamics, and financial protection strategies.
Christy, a 56-year-old woman, has been in a relationship spanning a decade. Despite her stable financial situation, her boyfriend lacks financial security. They currently reside in separate cities, seeing each other primarily on weekends, and have shared children. Christy's primary concern revolves around safeguarding her assets in the event their relationship is recognized as a common law marriage.
Ken initiates the discussion by addressing the legal uncertainties surrounding common law marriage, especially in Montana, where specific laws apply. Rachel and Ken express their limited expertise in common law marriage but proceed to analyze Christy's situation based on the information provided.
Christy clarifies that she and her boyfriend currently live in separate cities and have only cohabited for a few weeks despite being together for over ten years.
Rachel and Ken scrutinize the depth and seriousness of Christy's relationship. They question the longevity and commitment, considering factors like geographical separation and limited cohabitation.
Ken’s Skepticism:
"If you were my sister, Christy, I'd be like, sis, what are you doing. You don't love this guy that much."
(06:17)
Rachel’s Observation:
"Is there any fact, Christy, that there's a level of you that you've handled money well, you're successful, and he hasn't? That's a little bit of a deterrent."
(07:34)
Both hosts advocate for maintaining separate finances given the current dynamics of Christy's relationship. They caution against merging assets unless there is a clear, mutual commitment to marriage.
Ken’s Recommendation:
"I would keep the assets separately because I don't think you guys actually want to even do the common law marriage."
(05:02)
Rachel’s Guidance:
"Don't marry him unless you're on the same page. And don't combine your finances. Keep them separate."
(07:54)
They further advise that if Christy and her boyfriend decide to move in together, formalizing their relationship through marriage would be beneficial both legally and for their mutual quality of life.
Ken on Relationship Commitment:
"You're going to have to do it for a long period of time on that deal."
(02:33)
Rachel on Financial Disparity:
"Is there any fact, Christy, that there's a level of you that you've handled money well, you're successful, and he hasn't? That's a little bit of a deterrent."
(07:34)
Ken’s Concluding Advice:
"Do not move in with this dude. Do not marry this dude until you guys are on the same page."
(07:45)
In this episode, Ken and Rachel provide a candid assessment of Christy's relationship, emphasizing the importance of clear commitment and financial transparency. They strongly recommend maintaining separate finances to protect her assets and urge Christy to evaluate the depth of her relationship before considering cohabitation or marriage. The hosts' guidance underscores the significance of mutual understanding and partnership in both personal and financial realms.
Key Takeaways: