Common law marriage, also known as informal marriage, is a legal recognition of a union between two individuals who have lived together for a certain period of time and have met certain requirements, without the need for a formal marriage ceremony or license. While common law marriage is not recognized in all states, those that do recognize it have specific rules and requirements that must be met. In this article, we will explore the basics of common law marriage, including its rules and requirements.
What is Common Law Marriage?
Common law marriage is a legal recognition of a union between two individuals who have lived together for a certain period of time and have met certain requirements, without the need for a formal marriage ceremony or license. This type of marriage has its roots in English law and was recognized in the United States as early as the 1800s. Today, only a few states in the U.S. recognize common law marriage, including Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
Requirements for Common Law Marriage
To establish a common law marriage, certain requirements must be met. These requirements vary by state but generally include the following:
- Co-habitation requirement: The couple must have lived together for a certain period of time, usually ranging from a few months to a few years, depending on the state.
- Capacity to enter into a marriage: Both individuals must be legally capable of entering into a marriage. This means they must be of legal age, not already married, and not closely related.
- Mutual agreement to be married: The couple must have agreed to be married, either through an express agreement or by their conduct.
- Holding themselves out as married: The couple must have presented themselves to others as being married, such as using the same last name, introducing each other as spouses, or filing joint tax returns.
- Length of time living together: The length of time the couple has lived together is an important factor in determining whether a common law marriage exists.
Rights and Responsibilities of Common Law Marriage
In states that recognize common law marriage, the union is treated just like a traditional marriage, with the same rights and responsibilities. Some of these include:
- Legal recognition of the union: A common law marriage is legally recognized and carries the same weight as a traditional marriage.
- Right to inherit property: As with traditional marriage, the surviving spouse in a common law marriage has the right to inherit property from the deceased spouse.
- Responsibility for debts: Both partners are responsible for each other’s debts incurred during the marriage.
- Child custody and support: In the event of a separation or divorce, child custody and support issues are determined in the same manner as traditional marriages.
- Divorce and dissolution of the union: In states that recognize common law marriage, the couple must obtain a divorce or dissolution of the union through the courts, just like a traditional marriage.
Common Law Marriage vs. Traditional Marriage
While common law marriage and traditional marriage share some similarities, there are also some important differences between the two.
- Legal recognition:
The main difference between common law marriage and traditional marriage is the way they are recognized legally. Traditional marriage requires a formal ceremony and a marriage license, while common law marriage does not. However, in states that recognize common law marriage, the union is legally recognized and carries the same weight as a traditional marriage.
- Requirements for entering into a marriage:
To enter into a traditional marriage, both parties must obtain a marriage license and have a formal ceremony. With common law marriage, the couple only needs to meet certain requirements, such as co-habitating and holding themselves out as married.
- Rights and responsibilities:
In terms of rights and responsibilities, both types of marriages are treated the same in states that recognize common law marriage. However, there may be differences in how property and debts are divided in the event of a divorce or dissolution of the union.
In conclusion, common law marriage is a legal recognition of a union between two individuals who have met certain requirements, without the need for a formal marriage ceremony or license. While only a few states in the U.S. recognize common law marriage, those that do have specific rules and requirements that must be met. It is important to understand the differences between common law marriage and traditional marriage, as well as the rights and responsibilities that come with each type of union. If you are considering entering into a common law marriage, it is recommended that you seek legal advice to ensure that you meet all of the requirements and understand the legal implications of the union.