Legal Urban Legends

Alan Kopit, lawyers.com legal editor

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You Have the Right to Remain Suspicious of ... Legal "Urban Legends"

We've all heard a story that begins like this: "My neighbor's cousin's brother, who goes to school out West" And yet another urban myth is spread.

Akin to urban myths, legal myths also exist - tales that seem completely believable but are actually false. In some cases, legal myths can affect important aspects of your life - so it's important to debunk them.

Here are a few common legal myths ... and the real stories.

If you've lived together for seven years, you're considered married under common law, and have all the rights of a wedded couple.

FALSE. Most states do not recognize common-law marriages. In the states that do, requirements vary, but may include presenting yourselves as a married couple, intending to marry in the future, and cohabitating. A specific number of years living together is not a requirement in any of those states.

You can establish copyright of a work by mailing it to yourself and retaining the sealed, postmarked envelope.

FALSE. Copyright is the exclusive right to copy a creative work and allow someone else to do so -- established the moment your work is created in a tangible form. It's only necessary to register your copyright if you want to bring lawsuit for enforcement of copyright infringement.

If I am not read my Miranda rights before being questioned by police, I cannot be found guilty of the crime, even if I confess.

FALSE. If you confess to police while in custody, and you were not given the famous "you have a right to remain silent..." speech first, your confession would likely be inadmissible in court. But other evidence may still prove you guilty. Also, statements you make to police before you're arrested, or ones you make voluntarily right after an arrest (such as "well, you got me this time!") can be used to prove your guilt, without any Miranda rights requirement.

If my spouse dies, I'm always liable for his or her credit card debt.

FALSE. Credit card debt doesn't necessarily pass on to heirs upon death. However, credit card companies generally will first try to collect from the deceased's estate. If there is not enough money in the estate, heirs may have to sell estate assets to cover the liabilities. If there still is not enough money in the estate to cover the debt, the credit card company will likely write off the debt. However, a joint account holder on a card is responsible for the debt if the other account holder dies.

For more information on separating the facts of law from the fiction and to learn more about these areas of law, visit www.lawyers.com.