Keith Mack
Michigan does not legally recognize common-law marriages, having abolished them in 1957. However, it will respect common-law marriages that occurred in other jurisdictions, provided certain requirements are met. These include the couple having cohabited in a state that recognizes common-law marriages, that state having clear common-law marriage requirements, and the ability to determine the date when the common-law marriage began. Unmarried couples in Michigan do not have the same legal rights as married couples, particularly regarding property and asset division, but they can protect their rights through cohabitation agreements.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No, abolished in 1957 |
| Recognition of out-of-state common-law marriage | Yes, with certain requirements |
| Recognition of pre-1957 common-law marriage | Yes |
| Recognition of common-law marriage for federal income tax purposes | Yes |
| Rights of unmarried couples | Limited, consult a lawyer |
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What You'll Learn
Michigan does not recognise common-law marriages
Michigan Does Not Recognize Common-Law Marriages
In Michigan, common-law marriages are not recognized, and couples in such unions are considered unmarried in the eyes of the law. This means that they do not have the same legal rights as married couples, particularly regarding property and asset division, as well as child custody.
History of Common-Law Marriages in Michigan
Michigan's stance on common-law marriages has evolved over time. In 1838, Michigan passed a law stating that marriages could be solemnized by any justice of the peace or minister, marking a shift away from recognizing common-law marriages. However, common-law marriages were still valid in the state before 1957. After this date, Michigan abolished common-law marriages, and couples were required to obtain a marriage license and have a wedding ceremony to be considered officially married.
Exceptions and Workarounds
While Michigan does not recognize common-law marriages formed within the state, it will respect common-law marriages that occurred in another jurisdiction. For example, if a couple is considered common-law married in a state that recognizes such unions and then moves to Michigan, their marriage will still be valid in Michigan. Additionally, any common-law marriages formed in Michigan before 1957 are still considered valid, and common-law rules will apply if the couple decides to separate.
Protecting Rights for Unmarried Couples
Unmarried couples in Michigan can take steps to protect their rights, especially in the event of a separation. They can enter into a cohabitation agreement, similar to a premarital agreement, which outlines the division of property and assets. However, it is important to note that these agreements cannot cover child custody and support provisions. Unmarried couples should consult with a lawyer to understand their rights and options, as marital property laws and other rights enjoyed by married couples do not extend to them.
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Common-law marriages from other states are recognised
Firstly, the couple must have lived in a state that recognises common-law marriage. Secondly, the couple must have met the legal requirements for common-law marriage within that state. Thirdly, the couple must have cohabited with each other in that state. Once these requirements are met, Michigan will treat the couple as married and afford them the same rights and responsibilities.
For example, if a couple is considered to be in a common-law marriage in Iowa and then moves to Michigan, Michigan will recognise the couple as common-law. This is because Iowa is one of the few states that still recognise common-law marriages.
It is important to note that Michigan abolished common-law marriages within the state in 1957. After this date, couples in Michigan were required to obtain a marriage license and have a wedding ceremony to be considered officially married. However, any common-law marriages that were created before 1957 are still considered valid and legal in Michigan.
In summary, while Michigan does not recognise common-law marriages formed within the state, it will recognise those formed in other states that meet the specified requirements. Couples who are unsure about their legal status in Michigan should consult a lawyer to understand their rights and protections.
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Rights of unmarried couples in Michigan
In Michigan, unmarried couples do not have the same rights as married couples. The state does not recognize common-law marriages, having abolished them in 1957. However, Michigan will respect a common-law marriage that occurred in another jurisdiction, provided certain requirements are met.
Unmarried couples in Michigan face unique challenges when it comes to legal matters, especially if they decide to separate after having children and merging their lives and finances. They may struggle with dividing assets, solving housing issues, and reaching agreements on parenting time and
Child custody laws in Michigan for unmarried parents differ from those for married couples. Typically, the unmarried biological mother will receive sole physical and legal custody of the child. For an unmarried father to gain custody, he must establish paternity and then file for custody.
To protect their rights, unmarried couples in Michigan can enter into a cohabitation agreement, which is similar to a premarital agreement. This can outline what each person will receive in the event of a breakup, such as property division, but it cannot include provisions for child custody and child support.
In Michigan, marital property laws and many other rights do not extend to unmarried couples. Services rendered during the relationship are legally presumed to be gratuitous, even if one party has helped build a house or contributed to a business.
Until recently, a 1931 Michigan law made it illegal for unwed partners to live together, with penalties including a fine of up to $1,000 or imprisonment for up to one year. However, this law was repealed in 2023, and it is no longer a crime for an unmarried couple to live together in Michigan.
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Steps to protect rights of unmarried couples
Michigan does not recognize common-law marriages, and living together does not grant special rights, regardless of the length of the relationship. However, Michigan will respect a common-law marriage that occurred in another jurisdiction.
- Draft a cohabitation agreement: This is similar to a premarital agreement and can outline what each person will receive in property division if the couple breaks up. It is important to note that a cohabitation agreement cannot outline provisions for child custody and child support.
- Understand custody rights: In Michigan, custodial rights are typically given to the mother by default. Unmarried fathers can obtain legal visitation rights with the mother's consent or by filing a paternity action in court.
- Consider a durable power of attorney: A couple can draft a durable power of attorney, allowing them to speak for each other in legal matters if one individual becomes incapacitated or deceased.
- Create a medical power of attorney: This gives each person the right to make medical decisions for each other.
- Seek legal advice: Speaking to a family law attorney can help unmarried couples understand their rights and draft agreements to protect themselves.
It is important for unmarried couples to plan ahead and take the necessary steps to protect their rights, especially in the event of a separation.
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History of common-law marriage in Michigan
Common-law marriage, or a marriage that exists by cohabitation, agreement, and by behaving and speaking as though a couple is married, has been a fundamental right in the United States since the country was formed. In 1838, Michigan passed a law that stated that marriages could be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained. This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage.
The United States Supreme Court ruled that Michigan's law of 1838 did not require that marriages be validated by a justice of the peace or a minister, but instead stated that such solemnization (authorization) was discretionary: "marriages may be solemnized." Thus, the common-law marriage of William and Mary was valid, and their daughter would eventually inherit any land that William owned.
Michigan did not address this issue again until January 1, 1957, when it changed its law to require that marriages must result from a marriage license. After 1957, mere consent to be married or cohabitation would not be enough. A couple wanting to marry and have their marriage recognized by Michigan law would have to apply for and receive a marriage license. After the marriage license was issued, the marriage would then have to be authorized by a judge, a mayor, a court clerk, or a minister.
Michigan abolished common-law marriage in 1957. Once the state determined it would no longer recognize these unions, it was mandated that couples must obtain a license to marry in Michigan and have a wedding certificate to be considered officially wed. However, Michigan will still recognize certain common-law unions. Any couple that was considered common-law prior to 1957 is still viewed as such in the eyes of the law, and common-law rules will apply if the couple breaks up. Additionally, under the "full faith and credit" clause of the United States Constitution, Michigan will recognize a common-law couple that moves to Michigan from a state that recognizes common-law marriage. For example, if a couple is considered common-law in Iowa and then moves to Michigan together, Michigan will still recognize the couple as common-law. However, the couple must have complied with the common laws of their state, and they must take two more steps in Michigan: they must prepare a durable power of attorney and a medical power of attorney.
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Frequently asked questions
No, Michigan does not recognise common-law marriage.
Common-law marriage is a marriage that exists by agreement, cohabitation, and by behaving and speaking as though the couple is married.
If you are in a common-law marriage in a state that recognises it and then move to Michigan, Michigan courts may consider your marriage legal. However, certain requirements must be met. It is best to consult a lawyer.
The couple must have lived together in a state that recognises common-law marriage, the state must have clear common-law marriage requirements, and there must be a date provided for when the common-law marriage began.
Unmarried couples in Michigan do not have the same rights as married couples. However, they can protect their rights through a cohabitation agreement, which outlines what each person will receive in property division if they break up.
