When two people live together for a significant period, they may be considered common law partners. Couples who choose to live together without getting legally married often wonder if they have any legal rights or protections. In this article, we will delve into the concept of common law marriage, its legality, and implications.
Legality of Common Law Marriage:
The first thing to understand about common law marriage is its legality. As mentioned earlier, common law marriage is not recognized in all states. At present, only ten states and the District of Columbia recognize common law marriage. These states are:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
In these states, common law marriage is treated the same as a traditional marriage, and couples have the same legal rights and obligations as married couples. However, the requirements for establishing a common law marriage vary from state to state.
- Requirements for Common Law Marriage
The requirements for establishing a common law marriage vary depending on the state. Here are some of the common requirements:
- Cohabitation: Couples must live together for a certain period, usually ranging from 6 months to 3 years.
- Intent: Both partners must intend to be married and hold themselves out as a married couple.
- Capacity: Both partners must be of legal age and have the capacity to enter into a marriage.
- Proof of Common Law Marriage
Proving the existence of a common law marriage can be challenging, as there is no marriage certificate to demonstrate that the union exists. However, couples in common law marriages can use other evidence to prove their marriage. Examples include:
- Joint bank accounts
- Property ownership documents
- Joint tax returns
- Lease agreements
- Insurance policies
- Testimony from witnesses
Implications of Common Law Marriage:
If you live in a state that recognizes common law marriages, you may be wondering about the implications of such a marriage. Here are some of the key implications:
- Property Rights
Common law spouses have property rights similar to those of legally married couples. This means that if the relationship ends, they may be entitled to a share of the property acquired during the relationship.
- Division of property: If the couple separates, the division of property can be complicated. In some states, the court may divide assets and debts based on factors such as length of the relationship and contributions each partner made to the household.
- Property ownership: In some cases, one partner may own the property, but both partners may have contributed to its value. This can make it challenging to determine how the property should be divided in the event of a separation.
- Inheritance
If one partner dies without a will, the surviving common law spouse may have legal rights to inherit from their partner’s estate. However, this is not always guaranteed and depends on state laws.
- Estate planning: Common law spouses should consider estate planning to ensure that their wishes are carried out upon their death. This may include creating a will or trust.
- Divorce
If common law spouses decide to end their relationship, they may need to go through a legal divorce process to divide assets, debts, and other issues related to the relationship. The requirements for a divorce vary depending on the state.
- Mediation: Couples may choose to use mediation to resolve disputes instead of going to court.
- Legal representation: Both partners should consider obtaining legal representation during the divorce process to ensure that their interests are protected.
- Taxes
In states that recognize common law marriages, couples must file taxes as married couples, and they may be entitled to various tax benefits.
- Tax filing status: Couples should consider whether to file taxes jointly or separately based on their individual circumstances.
- Tax benefits: Married couples may be entitled to tax benefits such as deductions, credits, and exemptions that are not available to unmarried couples.
- Social Security Benefits
Common law spouses may be eligible for social security benefits if they meet certain criteria, such as living together for a certain period.
- Eligibility: Couples should check with the Social Security Administration to determine whether they are eligible for benefits.
- Survivor benefits: Common law spouses may be entitled to survivor benefits if their partner dies.
Conclusion:
Common law marriage is a complex concept that varies from state to state. It is crucial to understand the laws in your state and the implications of cohabiting without legal marriage. If you live in a state that recognizes common law marriage, it is essential to be aware of the legal rights and obligations associated with such a union. On the other hand, if you live in a state that does not recognize common law marriage, you may want to consider getting legally married to enjoy the legal protections and benefits that come with it. Common law marriage can offer many of the same legal protections as traditional marriage, but it requires careful consideration and planning to ensure that both partners are protected. If you are considering a common law marriage, it is important to understand the requirements and implications of such a union.