Marriage is a legally recognized union between two individuals, but did you know that there’s another type of marriage that isn’t based on a legal contract? It’s called “common law marriage.” Common law marriage is a type of informal marriage where a couple has lived together for a certain period of time and presents themselves as married. In this article, we’ll be discussing what constitutes common law marriage and the legal implications of it.
What is Common Law Marriage?
Common law marriage refers to a type of marriage that is not formalized by a government-issued marriage license or certificate. Instead, it’s a marriage that arises out of the actions and conduct of a couple. In order to be considered in a common law marriage, the couple must live together and present themselves as married. This includes using the same last name, introducing each other as spouses, and filing joint tax returns.
Requirements for Common Law Marriage
Each state has its own requirements for common law marriage. However, there are some general requirements that most states follow:
Cohabitation: The couple must live together for a certain period of time. The time period varies from state to state, but it’s usually around seven years.
Presenting Themselves as Married: The couple must present themselves as married to their family, friends, and community. This means using the same last name, introducing each other as spouses, and filing joint tax returns.
Intent to Be Married: The couple must have an intent to be married. This means that they must want to create a marital relationship and not just a roommate or cohabiting relationship.
Capacity to Marry: Both parties must have the capacity to marry. This means that they must be of legal age and not already married.
Legal Implications
Common law marriage can have legal implications, especially if the couple wants to end their relationship. If a couple is in a common law marriage, they are entitled to the same rights and protections as a traditionally married couple. These rights include:
Property Rights: In a common law marriage, each partner has a right to the property acquired during the relationship. This includes assets like houses, cars, and bank accounts.
Alimony/Spousal Support: In some states, common law spouses may be entitled to spousal support or alimony if the relationship ends.
Inheritance Rights: If one partner dies without a will, the surviving partner may be entitled to inherit the deceased partner’s property.
Divorce: If a common law marriage ends, the couple may need to go through a formal divorce process to divide their property and assets.
Advantages and Disadvantages of Common Law Marriage
Like any other form of marriage, common law marriage has its advantages and disadvantages. Some of the advantages of common law marriage include:
Flexibility: A couple in a common law marriage does not need to go through the formal process of obtaining a marriage license or certificate. This means that they have more flexibility when it comes to their living arrangements and finances.
Financial Benefits: Common law spouses are entitled to some of the same financial benefits as traditional married couples, such as tax breaks and insurance coverage.
Equality: In states where same-sex marriage is not legal, common law marriage may be an option for same-sex partners who want to formalize their relationship.
However, there are also some disadvantages to common law marriage, such as:
Lack of Legal Protection: Without a formal marriage license, common law spouses may not have access to the same legal protections as traditional married couples.
Difficulty Proving a Common Law Marriage: It can be difficult to prove that a couple is in a common law marriage, especially if they live in a state that does not recognize this type of marriage.
Inconsistency Between States: The requirements for common law marriage vary from state to state, which can create confusion for couples who move between states.
Famous Cases of Common Law Marriage
Over the years, there have been several high-profile cases involving common law marriage. One of the most famous cases is Marvin v. Marvin, a 1976 California Supreme Court case that involved actor Lee Marvin and his former live-in girlfriend, Michelle Triola. Triola claimed that she was entitled to half of Marvin’s earnings during their six-year relationship, even though they were never formally married. The court ultimately ruled in favor of Marvin, but the case helped to establish the concept of “palimony” – a form of spousal support for unmarried partners.
Another famous case is the 2007 dispute between actress Goldie Hawn and her longtime partner, Kurt Russell. The couple had been together for over 20 years and had two children together, but they were never formally married. When they decided to separate, they were able to divide their assets without going through a formal divorce process, thanks in part to the fact that they lived in a state (California) that recognizes common law marriage.
Conclusion
Common law marriage can be a viable option for couples who want to formalize their relationship without going through the traditional marriage process. However, it’s important to understand the legal requirements and implications of common law marriage before making this decision. As we have discussed, common law marriage requires cohabitation, presenting themselves as married, intent to be married, and capacity to marry. While common law marriage has its advantages, such as flexibility and financial benefits, it also has its disadvantages, such as lack of legal protection and inconsistency between states. In any case, couples should consider consulting with a lawyer to discuss the legal implications of a common law marriage and how to ensure that their rights are protected.