Common law marriage, also known as informal marriage or marriage by habit and repute, is a legal concept that allows couples to be recognized as married without obtaining a formal marriage license. While not all states recognize common law marriage, it is still a valid legal option in several states. In this article, we will explore what you need to know about common law marriage in the United States.
What is common law marriage?
1. Definition of common law marriage
Common law marriage is a type of marriage recognized by some states in the United States that is formed without a marriage license or ceremony. It occurs when two people live together and present themselves as a married couple to their community.
2. Requirements for common law marriage
The requirements for a common law marriage vary from state to state. However, some general requirements include:
- The couple must live together and present themselves as a married couple
- The couple must have the intent to be married
- The couple must have mutual consent to be married
- The couple must hold themselves out to the public as a married couple
- The couple must have a long-term relationship
3. Benefits of common law marriage
The benefits of a common law marriage include:
- Legal recognition as a married couple
- Ability to file joint tax returns
- Ability to inherit from each other without a will
- Ability to receive Social Security benefits from a spouse
States that recognize common law marriage
1. States that recognize common law marriage
Common law marriage is recognized in the following states:
- Alabama
- Colorado
- District of Columbia
- Georgia (if created before 1/1/97)
- Idaho (if created before 1/1/96)
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Ohio (if created before 10/10/91)
- Oklahoma (if created before 11/1/98)
- Pennsylvania (if created before 1/1/05)
- Rhode Island
- South Carolina
- Texas
- Utah
2. States that do not recognize common law marriage
Common law marriage is not recognized in the following states:
- Alaska
- Arizona
- California
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Indiana
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Oregon
- South Dakota
- Tennessee
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
3. States with limited recognition of common law marriage
Some states recognize common law marriage for limited purposes, such as inheritance or workers’ compensation. These states include:
- Colorado
- Iowa
- Montana
- Texas
Establishing a common law marriage
1. How to establish a common law marriage
To establish a common law marriage, the couple must meet the requirements set by their state. Generally, this involves living together and presenting themselves as a married couple for a certain amount of time. Some states require the couple to sign a declaration of marriage or to have witnesses attest to their relationship.
2. How to prove a common law marriage
If a couple is claiming a common law marriage, they must prove that they meet the requirements set by their state. This may involve presenting evidence such as joint bank accounts, shared bills, or testimony from witnesses who know the couple and their relationship.
3. How to dissolve a common law marriage
To dissolve a common law marriage, the couple must go through the same legal process as a formal marriage. This involves filing for divorce or annulment, dividing property, and settling issues such as child custody and support.
Common misconceptions about common law marriage
1. Living together for a certain amount of time creates a common law marriage
This is a common misconception. While some states require a certain length of cohabitation to establish a common law marriage, it is not the only requirement. The couple must also have the intent to be married and present themselves as a married couple to their community.
2. Common law marriage is the same as a domestic partnership
Common law marriage and domestic partnership are two different legal concepts. Domestic partnerships provide some legal benefits to unmarried couples, but they are not recognized as marriages in most states.
3. Common law marriage is only for heterosexual couples
Common law marriage is not limited to heterosexual couples. Same-sex couples can also establish common law marriages in states that recognize them.
Common law marriage is a legal option for couples in certain states. It allows couples to be recognized as married without obtaining a formal marriage license or having a ceremony. However, the requirements for establishing a common law marriage vary by state, and it is important to understand the laws in your state before claiming a common law marriage. If you have any questions about common law marriage, it is recommended to consult with a family law attorney.