How Long Living Together Is Common Law?

Common law marriage is a concept that allows couples to be recognized as married without having gone through a formal wedding ceremony or having obtained a marriage license. One of the critical questions often posed in relation to common law marriage is how long a couple must live together before their relationship is recognized under the law. The answer varies depending on jurisdiction, and understanding the rules and implications surrounding the duration of cohabitation is essential for couples who are living together and may wish to gain legal recognition of their union.

This article explores the legal requirements for common law marriage, how long living together is generally required, and the implications of such recognition in the United States.

What Is Common Law Marriage?

Defining Common Law Marriage

Common law marriage refers to a union where a couple, without formal ceremony or legal marriage license, lives together and presents themselves to the community as a married couple. In legal terms, common law marriage establishes the same rights and obligations as a traditional marriage, including property division, inheritance rights, and spousal support. However, not all states in the U.S. recognize common law marriages, and the criteria for such recognition vary widely across jurisdictions.

In general, common law marriage requires the couple to:

1. Live together for a specific period.
2. Hold themselves out to the public as a married couple.
3. Intend to be married.

The duration of cohabitation required for common law marriage recognition varies, and understanding the criteria of the relevant jurisdiction is essential.

Recognition of Common Law Marriage Across the United States

As of the time of this writing, only a handful of states in the U.S. recognize common law marriages. These states include:

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

Additionally, some states, like Alabama and Georgia, may still recognize common law marriages entered into before a certain cutoff date, although they no longer permit new common law marriages to form after that date.

In contrast, many states do not recognize common law marriage at all, such as California, Florida, and New York. In these jurisdictions, couples must go through the formal process of marriage to gain legal recognition of their relationship.

The Role of Cohabitation in Common Law Marriage

Cohabitation is central to the concept of common law marriage. However, the length of time a couple must live together before their relationship is considered common law marriage is not uniform across jurisdictions. While some states may set a specific duration, others focus more on the couple’s intent to be married and how they present themselves to the community.

It is important to note that cohabitation alone is not enough to establish a common law marriage. In states where common law marriage is recognized, the couple must also demonstrate mutual consent, hold themselves out as married (i.e., using the same last name, filing joint tax returns, introducing each other as spouses, etc.), and maintain the intention to be married.

How Long Must You Live Together for Common Law Marriage?

Duration of Cohabitation for Common Law Marriage Recognition

While the specific length of time required to establish a common law marriage depends on the jurisdiction, the general rule is that the longer the couple has lived together, the more likely they will meet the criteria for a common law marriage. That said, cohabitation alone does not guarantee that a couple’s relationship will be recognized under common law.

Here is a breakdown of how different states approach the issue of duration:

• Colorado: There is no specific time period for cohabitation. The relationship must meet all other criteria, including the couple’s intent to be married and their public presentation as a married couple. However, couples who live together for several years may find it easier to meet the requirements.
• Texas: Texas requires that the couple live together for at least two years and hold themselves out to the public as married. Additionally, they must demonstrate an agreement to be married.
• South Carolina: In South Carolina, there is no specific minimum time for cohabitation, but the relationship must meet other criteria, including mutual consent and the couple’s public presentation as spouses.
• Iowa and Kansas: These states require that the couple live together for a significant period and demonstrate mutual agreement and the intention to be married. Typically, the length of time varies but generally requires a substantial number of years of cohabitation.
• Montana: Montana requires that couples live together and present themselves as married. However, there is no fixed duration for cohabitation. The focus is on mutual agreement and public presentation as spouses.

Factors That Influence the Duration of Cohabitation Requirement

While the specific duration of cohabitation required for common law marriage recognition varies, there are other factors that may influence whether a couple qualifies:

1. Intent to Be Married: Some states focus on the couple’s intent to be married rather than the duration of cohabitation. If the couple has lived together for an extended period and presents themselves as married, it may be sufficient to meet the legal requirements.
2. Public Presentation as a Married Couple: Many states require that the couple publicly presents themselves as married, which can include using the same last name, filing joint taxes, or referring to each other as husband or wife in social and legal contexts.
3. State-Specific Rules: Some states may impose additional requirements, such as joint property ownership, joint tax filings, or other legal documentation that reflects the relationship.

Legal Implications of Common Law Marriage

Rights and Obligations

Once a common law marriage is recognized, couples enjoy the same legal rights and obligations as those who undergo a formal marriage ceremony. These include:

• Property Rights: In the event of separation or divorce, common law spouses are entitled to an equitable division of property acquired during the marriage.
• Inheritance Rights: Common law spouses have the right to inherit from their partner if the partner dies intestate (without a will).
• Spousal Support: In some jurisdictions, common law spouses may be entitled to spousal support (alimony) upon separation, similar to formal marriages.

Divorce and Separation

In states where common law marriage is recognized, couples can divorce in the same way as traditionally married couples. This involves filing for divorce and addressing matters like property division, spousal support, and child custody. The process is often identical to the divorce proceedings for legally married couples.

However, in states where common law marriage is not recognized, a couple must go through a formal legal process to separate and address issues like property division and support, as they are not considered legally married.

Tax Considerations

Common law marriage can also have tax implications. Couples in a common law marriage may be able to file joint tax returns, which can offer tax advantages. Similarly, they may be eligible for tax deductions related to marriage.

Conclusion

The duration of cohabitation necessary to establish a common law marriage depends on the state in which a couple resides. While some states require several years of living together, others focus more on the couple’s intent to be married and how they present themselves publicly. It is crucial for couples considering common law marriage to familiarize themselves with the laws of their state, as the rights and responsibilities that come with such recognition are similar to those of legally married couples.

Understanding the nuances of common law marriage is vital, as it can significantly impact property rights, inheritance, and spousal support. Therefore, couples should ensure they meet all necessary criteria to avoid legal complications.

FAQs

1. How long do you have to live together to be considered common law married in Texas?

In Texas, couples must live together for at least two years and publicly present themselves as a married couple, among other requirements, for the marriage to be legally recognized.

2. Can common law marriage apply if we never filed taxes jointly or had a wedding ceremony?

Yes, in some states like Colorado and Texas, the lack of a formal wedding ceremony or joint tax filings does not preclude recognition of common law marriage as long as other criteria (like cohabitation and public presentation as married) are met.

3. If we separate after living together for several years, do we have to go through divorce proceedings?

Yes, in states that recognize common law marriage, couples who separate after a common law marriage must go through divorce proceedings just like traditionally married couples.

4. Are children born to a common law marriage considered legitimate?

Yes, children born during a common law marriage are considered legitimate and have the same rights as children born to couples who have formalized their marriage through a wedding ceremony.