March 15th is National #EverythingYouThinkIsWrongDay. Let’s celebrate by reading some things that many people believe, but are wrong:
- “Living together for 6 years means we are married.” No, at least not in Ohio. Common law marriages in Ohio are recognized only if they occurred prior to October of 1991.
- “Contracts must be in writing.” Oral contracts are enforceable in many situations. Exceptions exist, including most contracts for real property.
- “The United States Supreme Court has the final say of all laws in the U.S.” The U.S. Supreme Court is the final decider of federal laws and controversies involving federal law. State supreme courts have the final say over state law.
- “I can’t be arrested for public intoxication if I’m on private property.” You can be standing on your front porch, beer in hand, and if you are creating a disturbance you can be arrested for public intoxication.
- “I don’t have a will.” You might not have prepared a will, but every state has a plan for your asses should you die without having prepared your own will.
- “I don’t need a will because my spouse will get everything anyway.” Not likely true if you had a child together, or you have children from a previous relationship.
- “My donations to a nonprofit are tax deductible.” In order for donations made to a nonprofit to be tax deductible to you, the nonprofit must have tax exempt status from the IRS. Most commonly this is 501(c)(3) status.
- “If I’m arrested I’m entitled to one phone call.” This is partly true. You have a right to one call to an attorney. Generally the police allow an arrestee to call family or a friend but it is not a right.
- “The First Amendment protects your free speech from everyone.” This is a very common myth. The First Amendment only protects your right free speech against the government, and even that protection has limitations. People getting fired from a private employer for what they (employees) say is permissible, despite a hundred Facebook commenters lamenting that this person’s right to free speech has been violated.
- “If the house is in just my name, my spouse can’t get it if we divorce.” Not true, typically. Things acquired during the marriage are subject to equitable division and distribution. And, equitable doesn’t mean equal, it means fair according to the judge.