Common Law Marriage: Legal Recognition & Rights in Different States
Introduction
Common law marriage is a legally recognized form of marriage in certain states that allows couples to be considered married without a formal ceremony or marriage license. While not all states recognize common law marriage, understanding its legal implications is crucial for couples who believe they may qualify.
This article will cover:
- What is common law marriage?
- Legal recognition by state
- Rights and responsibilities in a common law marriage
- How to prove a common law marriage
- How to dissolve a common law marriage
Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
What is Common Law Marriage?
A common law marriage is a legally binding relationship between two people who live together and present themselves as married without obtaining a marriage license or having a formal ceremony.
To be considered legally married under common law, most states require:
- The couple lives together for a significant period (though no specific duration is mandated in most states).
- Both parties have the legal capacity to marry (they must be of legal age and not already married to someone else).
- The couple mutually agrees to be married.
- The couple presents themselves as a married couple (e.g., using the same last name, filing joint taxes, or referring to each other as spouses in public).
If these conditions are met, a couple may be legally considered married, even in the absence of a marriage license.
Legal Recognition of Common Law Marriage by State
States That Recognize Common Law Marriage
As of recent updates, common law marriage is recognized in the following states:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
Additionally, some states recognize common law marriages if they were established before a certain date, including:
- Georgia (before January 1, 1997)
- Idaho (before January 1, 1996)
- Ohio (before October 10, 1991)
- Pennsylvania (before January 1, 2005)
States That Do Not Recognize Common Law Marriage
If you live in a state that does not recognize common law marriage, you must obtain a legal marriage license to be considered legally married.
However, some states will recognize a common law marriage if it was legally established in a state where it is valid. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to recognize legal acts performed in other states.
Rights and Responsibilities in a Common Law Marriage
A couple in a legally recognized common law marriage has the same rights and responsibilities as a couple in a traditional marriage, including:
- Property Rights: Assets acquired during the marriage may be subject to equitable distribution in case of separation.
- Inheritance Rights: A surviving spouse may have the right to inherit assets even if no will was created.
- Health & Medical Decisions: Spouses can make medical decisions on behalf of their partner.
- Spousal Support & Alimony: If the relationship ends, one spouse may be entitled to financial support.
- Tax Benefits: Common law spouses may file taxes jointly if their state recognizes the marriage.
Challenges Faced by Common Law Spouses
Despite having rights similar to traditionally married couples, proving a common law marriage can be difficult, especially when legal disputes arise over property, inheritance, or benefits. This makes it essential for couples to keep documented evidence of their relationship.
How to Prove a Common Law Marriage
If you are in a common law marriage and need legal recognition, you may be required to present evidence, such as:
- Joint bank accounts or property ownership
- Tax returns filed as a married couple
- Signed affidavits from friends and family stating that you presented yourselves as married
- Health insurance or beneficiary designations listing each other as spouses
- Correspondence where you refer to each other as husband and wife
In states like Texas and Colorado, you can also sign a Declaration of Informal Marriage, which serves as legal proof of a common law marriage.
How to End a Common Law Marriage
Ending a common law marriage is not as simple as just separating. If a couple is legally considered married, they must go through a formal divorce process in their state.
Steps to End a Common Law Marriage:
- File for Divorce – Even without a marriage certificate, couples must file for divorce in a court of law.
- Divide Assets & Debts – Courts will divide shared property and debts just as they would in a traditional divorce.
- Determine Spousal Support – If applicable, one spouse may request alimony.
- Resolve Child Custody & Support Issues – If children are involved, custody and support arrangements must be legally determined.
Failure to legally dissolve a common law marriage can create serious legal complications, including liability for debts or inability to remarry.
Conclusion
Common law marriage provides legal protections and rights similar to a traditional marriage in states that recognize it. However, it is crucial to understand the legal implications and ensure proper documentation to avoid legal disputes.
If you believe you are in a common law marriage or need assistance with its legal recognition or dissolution, consult a family law attorney to ensure your rights are protected.
