Cecily Zamora
Indiana does not recognize common-law marriages for couples living in the state. The state abolished common-law marriage in 1958, and now requires couples to apply for a marriage license and have a marriage ceremony. However, Indiana does recognize cohabitation between unmarried parties, and offers cohabitation agreements to address issues such as property division, child custody, and bill payments. While Indiana does not have common-law marriages, it does recognize common-law marriages from other states where it is legal.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No, abolished in 1958 |
| Cohabitation recognized | Yes |
| Common-law marriage benefits | Property rights, inheritance, tax benefits, insurance coverage |
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What You'll Learn
Indiana abolished common-law marriage in 1958
Indiana once recognized common-law marriages, but this is no longer the case. The state abolished common-law marriage in 1958, and since then, it has not been possible to enter into such a union in Indiana. This change was brought about by an amendment to the state's marriage laws, which introduced a requirement for all marriages to be solemnized, meaning that they must be performed with all the legal formalities, including a marriage license and an authorized officiant.
Prior to 1958, Indiana, like many other states, recognized common-law marriages. This meant that a couple could be considered legally married without undergoing a formal marriage ceremony or obtaining a marriage license. Instead, their agreement to be married, followed by their mutual conduct as husband and wife, was sufficient to establish a valid marriage. This included living together, presenting themselves as a married couple to the public, and possibly even having children together.
However, as social attitudes and legal perspectives evolved, Indiana, along with many other states, moved away from recognizing common-law marriages. The primary reason for this change was to promote certainty and clarity in family law matters. By requiring all marriages to be solemnized, the state could more easily keep records of marital status, which is important for various legal purposes, including property rights, inheritance, and tax matters.
Additionally, the abolition of common-law marriage in Indiana also helped to protect individuals, particularly women, who might otherwise find themselves in a vulnerable position. Without a formal marriage ceremony or license, it could be difficult to prove the existence of a common-law marriage, potentially leaving one partner without legal rights or protections in the event of a separation or the death of the other partner.
Today, while Indiana does not recognize new common-law marriages, it does still recognize those that were established before 1958, when the law changed. So, if a couple entered into a valid common-law marriage prior to that date, their union is still considered valid and they are legally married in the eyes of the state. However, for any relationships formed after 1958, a marriage license and ceremony are required for the union to be legally recognized.
So, while Indiana once allowed common-law marriage, it is now a thing of the past for Hoosiers, reflecting a broader shift in societal and legal norms across the United States.
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Cohabitation agreements can address issues handled by divorce courts
Indiana abolished common-law marriage in 1958. As such, Indiana does not recognize common-law marriages, and divorce law does not apply to cohabiting partners. However, Indiana does recognize cohabitation between unmarried parties.
Cohabitation agreements are legal documents that unmarried partners living together can use to address issues commonly handled by divorce courts, such as property division and child custody. These agreements can also address everyday issues like paying bills and servicing debt.
Cohabitation agreements resemble prenuptial agreements in that they establish rules for property division, financial responsibilities, and other matters. They are legally binding and enforceable in court, provided they meet specific legal standards and are properly drafted. Both partners must willingly agree to the terms without coercion or undue influence and should seek independent legal counsel.
These agreements can save couples time, money, and stress by avoiding costly legal battles in the event of a breakup. They provide clarity and peace of mind by establishing rules ahead of time and protecting each partner's interests.
In Indiana, cohabiting partners without a cohabitation agreement may need to seek equitable relief or rely on an express contract to recover expenses paid during cohabitation. Therefore, creating a cohabitation agreement is a useful tool for unmarried couples in Indiana to protect their rights and interests.
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Common-law marriage provides property rights
Indiana abolished common-law marriage in 1958. Therefore, Indiana does not recognize common-law marriages between parties who live together. However, Indiana does recognize cohabitation between unmarried parties.
Common-law marriage provides several benefits and obligations, including property rights. The parties in a common-law marriage acquire property rights to the property obtained during the marriage, just like in a formal marriage.
In a common-law marriage, property acquired by either spouse during the marriage is considered marital property. However, the specific laws of the state where the common-law marriage is recognized will determine how the property is defined and divided in the event of a divorce.
In a common-law marriage, the property that one member of a married couple acquires belongs solely to that person unless the property is specifically put in both spouses' names. This means that property, like real estate, will belong to both spouses only if the title or deed is in both of their names. With both names on the title, each owns a one-half interest or a 50% interest unless otherwise specified.
Additionally, in a common-law marriage, the surviving spouse will inherit the marital property if the deceased spouse left no will. However, if the property is owned as "tenancy in common," the deceased spouse's share of the property can go to someone other than the surviving spouse, as specified in their will.
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Indiana does not recognise most common-law marriages
Indiana does not recognize most common-law marriages. Under Indiana Code § 31-11-8-5, common-law marriages formed after January 1, 1958, are not valid. Therefore, Indiana does not recognize common-law marriages between parties who started living together after 1958.
However, Indiana does recognize cohabitation between unmarried parties. Cohabitation is defined as when parties live together without a subsequent marriage. If the cohabitation ends, divorce law does not apply. Instead, partners seeking recovery after cohabitation may rely on an express contract, such as an Indiana cohabitation agreement, or seek equitable relief.
Cohabitation agreements can address issues commonly handled by Indiana divorce courts, such as property division and child custody, as well as everyday issues like paying bills and servicing debt. Wills and trusts can also be useful tools for unmarried couples to ensure their wishes are fulfilled.
While Indiana does not recognize most common-law marriages, the state does recognize them to a limited extent. Common-law marriages from out of state may be recognized in Indiana if they are legal in the jurisdiction they originated from. However, this does not include same-sex marriages, as they are expressly forbidden by state law and do not count as common-law marriages in Indiana.
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Common-law marriage grants benefits like inheritance and tax breaks
Indiana abolished common-law marriage in 1958. Despite this, common-law marriages from out of state are recognized in Indiana, except for same-sex marriages.
In terms of inheritance, a common-law spouse can inherit the personal and real property of their deceased spouse if the deceased spouse left a valid will. However, if there is no will, their children and other family members assume the inheritance rights, leaving the surviving common-law spouse with nothing.
While common-law marriage grants benefits, it also has its drawbacks. For instance, if one partner denies the existence of the marriage, the other might be left vulnerable and without entitlements, especially if there is no shared intention to be married or if one partner dies without a will.
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Frequently asked questions
No, Indiana does not recognize common-law marriage. Indiana abolished common-law marriage in 1958.
Common-law marriage is a marriage that is considered valid without a marriage ceremony or marriage license. Common-law marriages grant couples several benefits, such as property rights, inheritance, tax benefits, and insurance coverage.
If you do not want to get married, you can create other legal documents, such as a cohabitation agreement, will, or trust, to give you a say in how your final wishes are fulfilled.
