Gavin Howe
Minnesota does not recognize common-law marriages as a legally binding arrangement, and hasn't for over 80 years. Common-law marriage is a marriage without a license issued by a governmental agency, a marriage certificate filed with the government, or solemnization in the presence of witnesses. The Minnesota legislature abolished common-law marriage in 1941. However, Minnesota does recognize common-law marriages that were legally contracted outside of the state. If a couple has a valid common-law marriage in another state and then relocates to Minnesota, Minnesota courts will recognize their common-law marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Abolished | 1941 |
| Common law marriage recognized from other states | Yes |
| Putative spouse status | Yes |
| Rights of putative spouse | Same as legal spouse |
| Rights of unmarried couples | No rights to assets or earnings of the other person |
| Cohabitation agreement | Must be in writing |
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What You'll Learn
Common-law marriage abolished in 1941
Minnesota law does not recognize common-law marriages as a legally binding arrangement. The Minnesota legislature abolished common-law marriage in 1941. No matter how long a couple lives together or how often they tell others they are married, a common-law marriage cannot be established in Minnesota.
Common-law marriage refers to a situation in which a couple is considered legally married simply because they cohabit together for a long time and hold themselves out as if they are married, despite not having followed the legal procedures to be married under state law. Generally, to be in a common-law marriage, a couple must live together for a set number of years with the intention of being a married couple and "hold themselves forth" as married to others — meaning they inform people they’re married.
In Minnesota, an unmarried couple has no rights to each other’s property unless both parties sign a written contract. However, if a couple was married by valid common law in one of the states that still recognize common-law marriage and then relocates to Minnesota, the courts in Minnesota will recognize their common-law marriage.
In states that recognize common-law marriage, the parties in a common-law marriage have the full rights of spouses in a legal marriage. This would mean that they would be entitled to an equitable share of the couple’s marital property, should they divorce. In Minnesota, a putative spouse is a person's legally recognized spouse, even if there is a procedural error, such as failing to get a marriage license. If a person has cohabited with another in the good faith belief that they are married, they will be considered a putative spouse under Minnesota law and will be granted all the same rights as a legal spouse, including the right to ask for spousal support from the other party.
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Common-law marriage recognition outside Minnesota
Minnesota abolished common-law marriage in 1941. However, the state does recognize common-law marriages that were legally contracted outside of Minnesota. This means that if a couple was validly married by common law in another state that recognizes common-law marriages, and that couple moves to Minnesota, the courts in Minnesota will recognize their common-law marriage.
In general, a common-law marriage is defined by three criteria: (1) the intent to be husband and wife, (2) cohabitation, and public recognition or declaration of being husband and wife.
As of 2021, only a handful of states in the U.S. recognize common-law marriages. These include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriages.
It is important to note that the laws and requirements for common-law marriage may vary across different states and jurisdictions. Therefore, it is always advisable to seek legal advice or consult official government sources for the most accurate and up-to-date information regarding common-law marriage recognition in specific states outside Minnesota.
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Rights of spouses in a legal marriage
Minnesota does not recognise common-law marriages. Common-law marriage is a marriage without a license issued by a governmental agency, a marriage certificate filed with the government, or a solemnisation of the marriage in the presence of witnesses. Minnesota abolished common-law marriage in 1941.
However, Minnesota does recognise common-law marriages that were legally contracted outside of the state. If a couple was married by valid common law in one of the states that still recognise it and then relocates to Minnesota, the courts in Minnesota will recognise their common-law marriage.
In Minnesota, even though common-law marriage is not recognised, couples who cohabitate may still have some protections that are afforded to married couples. For example, if parties own real estate together and both names are on the title, there are contractual rights that the parties can enforce even though they are not married.
Additionally, Minnesota law recognises the concept of a "putative spouse". A putative spouse is someone who appears to be a legally recognised spouse but is not due to a procedural error, such as failing to obtain a marriage license. If a person has cohabited with another in the good faith belief that they are married, they will be considered a putative spouse and granted all the same rights as a legal spouse, including the right to ask for spousal support in the event of a divorce.
It is important to note that couples who cohabitate without getting married do not have the same rights as legally married spouses. Unless a properly executed cohabitation agreement is in place, unmarried couples have no rights to each other's assets or earnings, regardless of how long they have been together. Therefore, it is recommended that unmarried couples consult with a family law attorney to create a financial plan and protect their rights in the future, especially if the relationship ends.
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Cohabitation agreements for unmarried couples
Minnesota abolished common-law marriage in 1941. However, the state does recognize common-law marriages that were legally contracted outside of Minnesota.
Since common-law marriages are not recognized in Minnesota, unmarried couples living together in the state are advised to create a cohabitation agreement to ensure their rights are protected. A cohabitation agreement is a contract that establishes rules for property division, financial responsibilities, and other matters. It is a legal document that outlines the rights and responsibilities of both people during the relationship and provides guidelines for separation.
Cohabitation agreements can include asset division, estate planning, custody agreements, social media stipulations, continuing support payments, and family member support plans. Asset division ensures that each party is treated fairly in the event of a separation. Estate planning is important for couples with a lot of wealth, as it allows them to outline healthcare directives, child care, pet care, end-of-life care, and inheritance plans. Custody agreements are crucial for couples with children, as they determine how custody is arranged in the event of a breakup. Social media stipulations can include agreements not to make disparaging posts about an ex-partner or post specific photos or mention certain events. Continuing support payments, such as palimony or alimony for unmarried couples, can also be included in a cohabitation agreement. Additionally, family member support plans can be addressed, especially if a breakup impacts financial assistance for aging parents.
It is important to note that cohabitation agreements must be in writing, as verbal agreements can be difficult to prove in court. These agreements should be tailored to meet the unique needs of each couple and are most effective when handled by an experienced contract law attorney. Without a cohabitation agreement, unmarried couples in Minnesota have no legal rights to each other's property or earnings, even if they have children together.
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Putative spouse status and rights
Minnesota does not recognise common-law marriage. However, the state does have a putative spouse law. A putative spouse is someone who believes in good faith that they are legally married, despite a technical impediment, such as a pre-existing marriage. In Minnesota, putative spouses are granted the same rights as a legal spouse, including the right to ask for spousal support.
Putative spouse status is a remedial doctrine designed to protect the reasonable expectations of someone who acts on the belief that they are married. This means that a putative spouse is generally entitled to the rights a legal spouse would have, from the putative marriage until the discovery that the marriage was not legal. For example, a putative spouse could seek the property division and alimony awards that a legal spouse could have.
Minnesota's putative-spouse law requires that the parties cohabit, are not legally married, and that the person seeking putative-spouse status has a good-faith belief that the parties were legally married. The determination of good faith is measured subjectively, while reasonable belief is judged objectively.
In the case of Choa Yang Xiong (Yang) v Su Xiong (Xiong), Yang was found to be Xiong's putative spouse. Yang had come to the United States from a refugee camp in Laos in 1988 when she was about 16 years old. She sought determinations of custody, parenting time, child support, spousal maintenance, and division of property on the theory that she was Xiong's putative spouse. Xiong denied that Yang was his putative spouse, but the family court found that Yang had a good-faith belief that she was legally married to Xiong.
In another case, the Minnesota Court of Appeals considered a scenario in which a woman married a man who was still legally married to someone else. The law provides that you cannot legally marry someone before your first marriage is dissolved. The question was whether the new wife had any rights under the law as a putative spouse. The majority of judges ruled that the wife had a good-faith belief that she was married, and she was therefore entitled to the same rights as if she were legally married. The dissenting judge believed that the wife knew she was marrying an already married man and, therefore, she was not entitled to the application of marital dissolution laws.
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Frequently asked questions
No, Minnesota does not recognize common-law marriage and hasn't for over 80 years. Common-law marriage was abolished in the state in 1941.
Common-law marriage is when two people are considered legally married by living together for a long time and holding themselves out as married, without legally registering their marriage.
If a couple was married by valid common law in a state that recognizes common-law marriage and then moves to Minnesota, the courts in Minnesota will recognize their common-law marriage.
If you are not legally married and have cohabited with your partner, you are not entitled to the same rights as a legally married couple. However, you may still have some protections, such as contractual rights if you own real estate together. It is important to speak with a family law attorney to understand your specific rights and create a cohabitation agreement.
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