Introduction

Common law marriage is a legally recognized union between two individuals who live together and present themselves as a married couple without obtaining a marriage license or having a formal wedding ceremony. While common law marriage is not recognized in all states, it holds legal weight in certain jurisdictions, granting couples similar rights as traditionally married spouses. Understanding common law marriage, its rights, and how it is recognized in different states is crucial for couples considering this form of union.

What Is Common Law Marriage?

Common law marriage is an alternative to formal marriage that allows couples to be legally recognized as married without undergoing a formal ceremony or obtaining a marriage license. This type of marriage typically requires the couple to:

• Live together for a specific period (varies by state)
• Present themselves as a married couple to family, friends, and society
• Have the intention to be married
• Meet other legal requirements set by their state

States That Recognize Common Law Marriage

As of recent legal updates, the following states recognize common law marriage:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire (only for inheritance purposes)
• Oklahoma
• Rhode Island
• South Carolina
• Texas
• Utah

Additionally, some states recognize common law marriages that were established before a specific cutoff date. For example, Georgia, Idaho, Ohio, and Pennsylvania recognize common law marriages that occurred before a certain year but do not allow new ones.

Rights and Responsibilities in a Common Law Marriage

If a couple meets the criteria for a common law marriage in a recognized state, they are entitled to the same rights and responsibilities as traditionally married couples, including:

• Property Rights: Common law spouses can claim shared ownership of assets acquired during the marriage.
• Inheritance Rights: In many states, common law spouses have inheritance rights similar to legally married couples.
• Spousal Support (Alimony): If a common law marriage ends, one spouse may be entitled to alimony or spousal support.
• Medical Decision-Making: A common law spouse may have the right to make medical decisions for their partner in the event of incapacitation.
• Tax Benefits: In states that recognize common law marriage, couples may file joint tax returns.
• Divorce Proceedings: If a common law marriage is recognized, couples must legally dissolve the union through a formal divorce process.

Proving a Common Law Marriage

To establish the existence of a common law marriage, couples may need to provide evidence such as:

• Joint bank accounts or shared financial responsibilities
• Property leases or mortgages listing both partners
• Insurance policies naming the other as a beneficiary
• Joint tax returns
• Statements from family, friends, or employers confirming the couple’s relationship

How Common Law Marriages Are Dissolved

Since common law marriages are legally binding, ending such a marriage requires formal divorce proceedings. The process follows the same legal steps as a traditional divorce, including asset division, child custody arrangements, and potential spousal support obligations.

Common Misconceptions About Common Law Marriage

1. Living Together for a Certain Number of Years Creates a Common Law Marriage: While cohabitation is one factor, other legal requirements must be met.
2. Common Law Marriage Is Recognized in Every State: Many states do not recognize it, and some only acknowledge it for specific purposes.
3. You Can Have a Common Law Marriage Even If One Partner Is Married to Someone Else: A valid common law marriage requires both partners to be legally single.

Conclusion

Common law marriage provides an alternative route to legal recognition for couples who do not formalize their union through a ceremony. However, it is essential to understand the laws in your state and how they affect your rights and responsibilities. If you believe you are in a common law marriage or need legal clarification, consulting a family law attorney can help you navigate your rights and obligations.

By understanding common law marriage, couples can make informed decisions about their legal status and the protections available to them under family law.