A common law marriage, also known as a non-ceremonial marriage or informal marriage, is a union between two individuals who have lived together for a certain period of time and hold themselves out to the public as being married. Although not recognized in all states, common law marriages can be legally binding under certain circumstances. This article will explore the basics of common law marriage, including how it works and the legal implications.
What is a Common Law Marriage?
A. Definition of Common Law Marriage:
A common law marriage is a legal arrangement in which two individuals live together as if they were married without participating in a formal ceremony. This means that although they have not obtained a marriage license or exchanged vows in front of witnesses, they still meet the legal requirements for marriage.
B. Requirements for Common Law Marriage:
In order for a common law marriage to be legally binding, certain requirements must be met. These include:
- Cohabitation: The couple must live together for a certain period of time, which varies depending on the state they reside in. In some states, such as Colorado and Iowa, cohabitation for six months is sufficient, while in others, such as Texas, it may take up to two years.
- Intent to be Married: Both individuals must have the intent to be married and consider themselves to be husband and wife.
- Holding Oneself Out as Married: The couple must hold themselves out to the public as being married. This can be shown through actions such as sharing a last name, referring to each other as “husband” or “wife,” and filing taxes jointly.
How Does Common Law Marriage Work?
A. Establishing a Common Law Marriage:
There are two ways to establish a common law marriage: through consent or implication.
- Through Consent: If both individuals agree that they are married and intend to remain so, they can simply declare their marriage to be common law and begin living as a married couple.
- Through Implication: If the couple has lived together for a significant period of time and holds themselves out to the public as being married, a court may infer that they intended to enter into a common law marriage.
B. Benefits and Drawbacks of Common Law Marriage:
There are both legal and financial benefits and drawbacks to common law marriage.
- Legal Benefits: Common law spouses are entitled to many of the same legal rights and privileges as traditional spouses, such as inheritance rights, the ability to make medical decisions on behalf of their partner, and the right to sue for wrongful death.
- Legal Drawbacks: Unlike traditional marriages, common law marriages do not require a formal divorce proceeding to end the relationship. Instead, the couple can simply separate, leaving the division of property and assets up to the courts.
- Financial Benefits and Drawbacks: Common law marriages can also have financial benefits and drawbacks. For example, common law spouses may be able to file joint tax returns and receive certain tax benefits. However, they may also be responsible for each other’s debts and liabilities.
Legal Implications of Common Law Marriage:
A. Recognition of Common Law Marriage by State:
Not all states recognize common law marriage, and the requirements for establishing a common law marriage can vary depending on the state. Currently, only nine states and the District of Columbia recognize common law marriage.
B. Division of Property:
In the event of a separation or divorce, the division of property can be more complicated for common law spouses than for traditional spouses due to the absence of a formal divorce proceeding.
- Community Property vs. Equitable Distribution: In states that follow community property laws, all property acquired during the marriage is considered jointly owned and must be divided equally in the event of a divorce. In contrast, states that follow equitable distribution laws divide property based on factors such as each spouse’s contributions to the marriage.
- Property Rights of Unmarried Couples: In some states, unmarried couples may be entitled to certain property rights if they have lived together for a certain period of time. These laws typically apply to both same-sex and opposite-sex couples.
C. Custody and Support Issues:
Common law marriages can also have implications for child custody and support.
- Child Custody: In the event of a separation or divorce, child custody is determined in accordance with state laws. Factors such as the child’s best interests and each parent’s ability to provide for the child are taken into consideration.
- Child Support: If one party is granted custody of the children, the other party may be required to pay child support. The amount of child support is typically determined based on factors such as the income of both parents and the needs of the child.
D. Termination of Common Law Marriage:
Common law marriages can be terminated in the same ways as traditional marriages: through divorce, separation, or the death of one spouse.
- Divorce: In states that recognize common law marriage, couples must go through a formal divorce proceeding to legally end the marriage. This typically involves filing paperwork with the court and attending hearings.
- Separation: If the couple separates but does not get divorced, the division of property and assets may be handled by the courts.
- Death of One Spouse: If one party dies, the surviving spouse may be entitled to inherit the deceased spouse’s assets, depending on state laws.
Conclusion:
Common law marriage can be a viable alternative to traditional marriage for some couples, offering many of the same legal benefits and protections. However, it is important to understand the specific requirements and laws regarding common law marriage in your state. By meeting the requirements for common law marriage and understanding your legal rights and responsibilities, you can make an informed decision about whether or not this type of union is right for you.