In the United States, marriage is a legal union between two individuals that is recognized by the state. However, in some states, couples who live together and present themselves as married may be considered to be in a common law marriage. This article will discuss what common law marriage is, which states recognize it, how to enter into one, and what factors courts use to determine whether one exists.
What is Common Law Marriage?
A common law marriage is a type of marriage that is recognized in some states, in which a couple lives together for a period of time and presents themselves as being married, but without ever going through a formal ceremony or getting a marriage license. In effect, the act of the couple representing themselves to others as being married and organizing their relation as if they were married, means they are married.
Which States Recognize Common Law Marriage?
Not all states recognize common law marriage. Currently, only a few states and the District of Columbia recognize common law marriage. These states include:
Alabama
Colorado
Iowa
Kansas
Montana
Rhode Island
South Carolina
Texas
Utah
It is important to note that each state has its own specific requirements for what constitutes a common law marriage.
How to Enter into a Common Law Marriage
To enter into a common law marriage, a couple generally has to satisfy these requirements:
Be eligible to be married:
Cohabitate in one of the places that recognize common law marriage
Intend to be married:
Hold themselves out in public as a married couple
In other words, a couple who lives together for a day, a week, a year – states don’t have a time requirement – agrees to be married and tells family and friends they are.
Factors Considered in Determining Common Law Marriage
When determining whether a common law marriage exists, courts will consider a variety of factors, including:
1. Whether the couple intended to be married
2. Whether the couple held themselves out as being married
3. Whether the couple lived together for a significant period of time
4. Whether the couple commingled their finances
5. Whether the couple had children togeth
6. Whether the couple filed joint tax returns
7. Whether the couple referred to each other as husband and wife
It is important to note that no single factor is determinative, and courts will look at the totality of the circumstances to determine whether a common law marriage exists.
Rights and Obligations of Common Law Spouses
In states that recognize common law marriage, common law spouses have the same legal rights and obligations as spouses who are legally married. This means that they are entitled to the same benefits, such as health insurance, and are subject to the same obligations, such as paying taxes jointly.
However, it is important to note that common law spouses do not have the same rights and protections as legally married spouses in states that do not recognize common law marriage. For example, if a common law spouse dies without a will in a state that does not recognize common law marriage, their partner may not be entitled to inherit their assets.
Conclusion
Common law marriage is a type of marriage that is recognized in some states, in which a couple lives together for a period of time and presents themselves as being married, but without ever going through a formal ceremony or getting a marriage license. Currently, only a few states and the District of Columbia recognize common law marriage, and each state has its own specific requirements for what constitutes a common law marriage. When determining whether a common law marriage exists, courts will consider a variety of factors, and no single factor is determinative. In states that recognize common law marriage, common law spouses have the same legal rights and obligations as spouses who are legally married. However, it is important to note that common law spouses do not have the same rights and protections as legally married spouses in states that do not recognize common law marriage.