General or Common Law Affidavit

State:
Multi-State
Control #:
US-00479BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.



The formal requirements of an affidavit usually are:

1. The identification of the place where the affidavit was taken (i.e., the venue);

2. The signature of the affiant (i.,e., the person giving the affidavit); and

3. The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.



It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officers consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.



The following form is a very basic and general form which can be used in most jurisdictions if properly completed.


How to fill out General Or Common Law Affidavit?

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FAQ

En espanol Social Security recognizes a common-law marriage if: The couple lives in a state where common-law marriage is legal, or did so when the marriage began. The couple can show Social Security that they are in such a relationship (more on that below).

Shared ownership of residential property. joint leases or rental agreements. bills for shared utility accounts, such as: gas. electricity. important documents for both of you showing the same address, such as: driver's licenses. identification documents.

If you and your partner live in a state that recognizes common-law marriages and your relationship meets the legal definition of common-law marriage in that state, Medicare will consider you spouses and apply the spousal rules.

To prove a common law marriage to Social Security so that you'll be eligible for dependents or survivors benefits, one of the following must be provided. If you are both alive, then you must both provide statements that affirm your marriage and you must provide a statement from a blood relative of each of you.

Title the affidavit. First, you'll need to title your affidavit. Craft a statement of identity. The very next section of your affidavit is what's known as a statement of identity. Write a statement of truth. State the facts. Reiterate your statement of truth. Sign and notarize.

Deeds showing title to property held jointly by both parties to the common law marriage. Bank statements and checks showing joint ownership of the accounts. Insurance policies naming the other party as beneficiary. Birth certificates naming you and your common law spouse as parents of your child.

The Social Security Administration mandates that you must provide evidence of your marriage. Evidence to prove a common-law marriage in the States that recognize such marriages must include: A statement from each spouse and a statement from a blood relative of each, if both spouses are living, OR.

The foundation to establish a common law marriage is mutual consent or agreement of the parties to be spouses, and thereafter a mutual and open assumption of a marital relationship.

Step 2: Write the purpose of the Affidavit or the Heading. Step 3: Write the name of the parties in case of an affidavit being filled in Court or Write the name of the Deponent in case of other affidavits. Step 4: Write the complete address of the deponent.

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General or Common Law Affidavit