Common law marriage is a concept that has existed for centuries and refers to couples who have lived together and presented themselves as married, but without going through the formal process of obtaining a marriage license or having a ceremony. While common law marriage is recognized by some states in the US, Minnesota is not one of them. In this article, we will examine Minnesota’s stance on common law marriage and what it means for unmarried couples living in the state.
What is Common Law Marriage?
Common law marriage is a legal term used to describe a relationship where a couple lives together and presents themselves as married, but without obtaining a civil or religious marriage ceremony. Common law marriages are recognized in many states, but the requirements to establish a common law marriage vary from state to state.
In general, to establish a common law marriage, the couple must meet certain criteria, such as:
- Living together for a specific period of time (usually several years)
- Presenting themselves as married to others
- Intending to be married, and considering each other to be spouses
While common law marriage may seem like an attractive option for some couples who do not wish to go through the formal process of obtaining a marriage license, it is important to understand that not all states recognize common law marriage.
Minnesota’s Stance on Common Law Marriage
Minnesota is one of the few states in the US that does not recognize common law marriage. In Minnesota, a couple can only be legally married if they obtain a valid marriage license and go through a formal marriage ceremony. As a result, couples who live together and present themselves as married are not considered legally married under Minnesota law.
However, there is an exception to this rule. If a couple enters into a common law marriage in another state that recognizes common law marriage and then moves to Minnesota, their marriage will be legally recognized in Minnesota.
Implications of Not Recognizing Common Law Marriage in Minnesota
While not recognizing common law marriage may seem restrictive, it has certain implications for couples in Minnesota. Here are some of the most important ones:
- Property Rights – Under Minnesota law, unmarried partners do not have automatic rights to each other’s property if the relationship ends. This means that if one party dies or the relationship ends, the other party may not automatically inherit their partner’s property.
- Spousal Privilege – Spousal privilege is a legal concept that allows spouses to refuse to testify against each other in court. Unmarried partners do not have spousal privilege, which means that they can be forced to testify against each other if called upon to do so.
- Social Security Benefits – Married couples are entitled to certain Social Security benefits, such as spousal and survivor’s benefits. Unmarried couples do not have access to these benefits.
How to Protect Yourself if You’re Not Legally Married in Minnesota
If you’re living with your partner in Minnesota but you’re not legally married, there are several steps you can take to protect yourself and your interests. Here are some of the most important ones:
- Create a Cohabitation Agreement – A cohabitation agreement is a legal document that outlines the rights and obligations of each partner in the relationship. It covers issues such as property ownership, debts, and other matters in the event of a separation.
- Designate Each Other as Beneficiaries – You can designate your partner as the beneficiary of your estate plan and healthcare directives. This ensures that your partner will receive your assets if something happens to you.
- Consider Getting a Domestic Partnership – While domestic partnerships are not recognized under Minnesota law, they are recognized by some states. If you and your partner live in a state that recognizes domestic partnerships, you may wish to consider getting one to obtain some of the legal protections afforded to married couples.
Conclusion
In conclusion, Minnesota does not recognize common law marriage. While this may seem limiting to some couples, there are steps that can be taken to protect yourself and your interests if you’re living with your partner but are not legally married. By creating a cohabitation agreement, designating each other as beneficiaries, or considering getting a domestic partnership, unmarried couples in Minnesota can obtain some of the legal protections afforded to married couples.