Common Law Marriage, definition.
A legitimate common law marriage usually includes both the advantages and restrictions of an official marriage. While some may be familiar with the concept of common law marriage, many actually ignore its legal implications and details.
Common law marriage is a legally recognized concept that might exists between couples who are in a relationship that resembles a marriage but has not been officially endorsed by the state (for example, by the issuance of a marriage certificate).
Generally it is the court who applies the principles of common law marriage in very specific circumstances, for example when one spouse dies without a will and the other one claims rights to their estate under intestate succession laws.
To determine if a common law marriage exists or not, multiple factors have to be considered.
- In the first place, the state you live in needs to approve the validity of common law marriages.
- The couple’s intentions as of the relationship are a pivotal component in deciding over the existence of a common law marriage. If the couple lives through their relationship as a marriage, it is feasible they will meet this necessity.
- Finally, the couple needs to fulfill their state’s laws regarding marriage issues. For example, both have to meet the age requirements, both have to have the adequacy of brain (mental ability) to willingly be part of a marriage. Obviously, neither of both parties can be lawfully married to any other person.
Notwithstanding the above mentioned, the couple need to live as and hold out to people in general as a married couple even if they are not. The couple may, for example, check the married box in both official and unofficial documents or can open a joint bank account. Other options can include (but are not limited to) wearing wedding rings, the usage of the expression “spouse” when alluding to one another openly and/or sharing last names.
To put it plainly, both your actions and words structure the premise of a common law marriage.
Concerning how long you need to live together for a common law marriage to become valid, that depends upon each state to decide. In spite of what numerous individuals may accept, there is no generally settled time span.
A few states have statutes of limitations with regards to common law marriage acknowledgement. When a couple breaks up, and one of the spouses needs to make a claim against the other spouse (for spousal support, lets suppose), the claimant may have to request to the court to acknowledge the common law marriage. Statutes of limitation depends on a state-by-state premise, so, in the event that this is not done within the specific state’s lawfully mandated time period, the claimant would found him or herself in a tough situation.
Now, what we are here for. Which states recognize common law marriages?
States that acknowledge (up to a certain point) common law marriages.
There are a few states that in the past permitted common law marriages yet, at some point, restricted them. These states will still recognize those marriages in the event that they legitimately existed before the restriction date.
- South Carolina
- Pennsylvania
- Ohio
- Indiana
- Idaho
- Georgia
- Florida
- Alabama
States that still acknowledge common law marriage?
On the flip side, only a small bunch of states still recognize common law marriage. Some of them accommodate common law marriage within their rules, while others do as such through court decisions. These states, also known as common law states are:
- Utah
- Texas
- Rhode Island
- Oklahoma
- New Hampshire
- Montana
- Kansas
- Iowa
- Colorado
Related information.
- In Oklahoma, statutes and state case law seem to have a conflict between each other with regards to whether if common law marriage is legitimate or not. On a first glimpse, the statutes would appear to only allow formalized marriages. However, in spite of the statutes’ wording, the courts approve (most of the times) common law marriages.
- In New Hampshire, due to the manner in which the law has been redacted, common law marriage is only recognized for estate purposes. All in all the marriage doesn’t lawfully exist until one of the spouses dies. This permits the surviving spouse to claim any legacy.
- In Rhode Island, the courts have been very vocal about their belief that “common law marriage is an outmoded doctrine”, thus they have been pressing for its abolishment.
- The District of Columbia, despite not being a state, allows common law marriages.
- If you “have” a legally acknowledged common law marriage and you move to a state that does not acknowledge such legal figure, you don’t really have to worry; it is most likely that it will still be legitimate.
- Same-sex common law marriage. Considering the U. S. Supreme Court’s order legalizing same-sex marriage, these couples have, as any other couple, the right to go into a common law marriage as long as they live in one of the states that acknowledges them.
- Do you need to (legally) change your name? Many states allow people to change their name without being married or without any legal action. This means that anybody can just start using a new name and that is it. However, if somebody wants their relationship to be legally recognized by any government agency or private institution, the would definitely need an official court order.
- If you don’t want your relationship to be considered a common law marriage. In the event that you live together in a state that acknowledges common law marriages and you don’t want to get married, it might be a smart move for you to sign a living together arrangement (also known as cohabitation agreement) in which you make it known that you both mean not to be married and portraying your arrangements for keeping properties either independent or joint. Additionally, you should add a note in which either one, or both parties, give up any rights to receiving financial help if you as a couple, were to break up. This is specially true if you use the same last name or if you own combined property.