Anaya Nolan
Common-law marriage, where a couple is considered legally married based on cohabitation and holding themselves out as a married couple, is recognized in a handful of US states. However, Minnesota is not one of them. Minnesota abolished common-law marriage in 1941, and couples who live together in Minnesota without a legal marriage do not have the same rights as legally married spouses. Nevertheless, Minnesota courts will recognize a common-law marriage established in another state that continues to uphold this tradition, prior to the couple's relocation to Minnesota.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Abolished | 1941 |
| Recognition of common law marriage from other states | Yes |
| Putative spouse rights | Yes |
| Number of states recognizing common law marriage | 5-11 |
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What You'll Learn
Minnesota does not recognise common-law marriage
In Minnesota, common-law marriage laws were abolished in 1941. This means that 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 the state. However, it's important to note that Minnesota courts will recognise a common-law marriage if it was validly established in one of the states that recognise common-law marriage and the couple subsequently relocates to Minnesota.
In states that do recognise common-law marriage, the couple is granted the full rights of spouses in a legal marriage. This includes the right to an equitable share of marital property in the event of a divorce. While Minnesota does not recognise common-law marriage within its borders, it does have a 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 may be considered a putative spouse under Minnesota law and granted the same rights as a legal spouse, including the right to spousal support.
It's important to note that the laws regarding common-law marriage and putative spouse status can be complex and vary from state to state. If individuals have questions or concerns about their specific situation, it's advisable to consult with a family law attorney or seek legal advice.
As of 2022, only a handful of states in the US recognise common-law marriage, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Each state may have its own specific requirements for establishing a common-law marriage, such as a minimum duration of cohabitation or a mutual agreement in the present tense to enter into a state of matrimony.
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Common-law marriage is recognised if established in another state
Common-law marriage is not recognised in Minnesota. The state abolished it in 1941. However, Minnesota does recognise common-law marriages that were legally created outside of the state. If a couple was married by valid common law in one of the states that still recognise common-law marriage and then relocated to Minnesota, the courts in Minnesota would recognise their common-law marriage.
In common-law marriage, a couple is considered married even though they have not met the formal requirements for marriage, such as a wedding ceremony, being granted a marriage licence, or submitting a marriage certificate. 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 are married.
There are only a handful of states that recognise common-law marriage. These include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Some states only recognise common-law marriages formed before a certain date. For example, Florida recognises common-law marriages formed before January 1, 1968, and Georgia recognises those formed before January 1, 1997.
In Minnesota, if a couple has cohabited but was never legally married, they may still have some rights and protections under the state's putative spouse laws. 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 licence. Under Minnesota law, 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 separation.
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Putative spouse rights in Minnesota
Minnesota does not recognize common-law marriages established within the state. However, it does recognize such marriages if they are validly formed in another state where common-law marriages are legal. So, while you cannot enter into a common-law marriage in Minnesota, the state will respect and recognize a common-law marriage formed in a state that allows it.
Now, when it comes to putative spouse rights in Minnesota, the concept is closely tied to the recognition of common-law marriages from other states. A putative spouse is someone who believes in good faith that their marriage is legally valid, even though it may not meet all the legal requirements. This belief must be reasonable and based on some factual basis. For example, if a couple participates in a marriage-like ceremony and subsequently cohabitates, holding themselves out to the public as married, one or both spouses may be considered putative spouses.
Minnesota law provides some protections for putative spouses. If a marriage is found to be invalid, a putative spouse may still have rights to marital property and spousal support (alimony). This is especially relevant in community property states, where all marital assets are typically divided equally between spouses in a divorce. In Minnesota, which is an equitable distribution state, the court will divide marital property fairly, which doesn't always mean equally. Putative spouses may argue for their share of property acquired during the believed valid marriage.
Additionally, putative spouses may have rights related to inheritance and widow/widower benefits. If one putative spouse dies, the surviving spouse may still have inheritance rights, especially if they can demonstrate their good faith belief in the marriage's validity. Similarly, when it comes to social security or other government benefits typically available to spouses, a putative spouse may be able to claim those benefits if they can prove their understanding of a valid marriage.
It's important to note that the rights of a putative spouse in Minnesota are not absolute and will depend on the specific circumstances of each case. Courts will consider factors such as the length of the relationship, any children born during the union, and the degree to which each party relied on the belief of a valid marriage. Seeking legal advice from a family law attorney is crucial to understanding your rights and options if you find yourself in this complex situation.
In summary, while Minnesota doesn't allow common-law marriages within the state, it does recognize them from other states and provides some protections for putative spouses. These protections are designed to offer a degree of security to individuals who genuinely believed they were legally married, even if the marriage is later deemed invalid.
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Common-law marriage requirements
Common-law marriage, also known as marriage without formalities or informal marriage, is recognised in a handful of US states. However, Minnesota is not one of them. Common-law marriage was abolished in Minnesota in 1941. Nevertheless, Minnesota courts will recognise a common-law marriage if the couple were married under common law in one of the states that still recognise common-law marriage and have since moved to Minnesota.
In states that do recognise common-law marriage, the requirements for qualification vary. Here are some general common-law marriage requirements:
- Cohabitation: While there is no statutory requirement for the length of time a couple needs to live together, cohabitation is generally a requirement. The longer a couple lives together, the stronger their case is for common-law marriage.
- Legal right or "capacity" to marry: Both partners must have the legal capacity to marry. This usually means that they must be at least 18 years old, of sound mind, and not already married to other people.
- Intent: Both partners must intend to be married and hold themselves out to friends, family, and the public as being a married couple. This means they inform people they are married.
In Texas, for example, there is no requirement for the couple to be together for a specific period before they can declare themselves to be in a common-law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common-law marriage. Couples can register their common-law marriage by filing a declaration with the county clerk.
In Colorado, a common-law marriage is valid if, at the time the marriage was entered into, both parties were 18 or older, and the marriage is not prohibited by another law.
In the District of Columbia, a mutual agreement in the present tense to enter into a state of matrimony and the consummation of their agreement by cohabitating as husband and wife are required to establish a common-law marriage.
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Common-law marriage in other states
Minnesota does not recognize common-law marriages. However, the state does recognize common-law marriages that were established in other states that allow it.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognized in a handful of US states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire also recognize common-law marriages to a limited extent.
The requirements for a common-law marriage vary by state. In Colorado, both parties must be at least 18 years old, and the marriage must not be prohibited by other laws. In the District of Columbia, a mutual agreement in the present tense to enter into matrimony and cohabitation as husband and wife are required. In Texas, couples can file a legal "Declaration of Informal Marriage" or meet a three-pronged test that includes evidence of cohabitation and a public reputation of being married.
Some states, such as Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania, only recognize common-law marriages formed before a specific date. For example, Florida recognizes common-law marriages formed before January 1, 1968, while Indiana recognizes those formed before January 1, 1958.
It is important to note that the laws and requirements for common-law marriage can vary by state, and it is always advisable to consult with a legal professional for specific information regarding a particular state's laws.
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Frequently asked questions
No, Minnesota abolished common-law marriage in 1941.
Common-law marriage is when a couple is considered legally married because they have cohabitated for a long time and hold themselves out as married, despite not having followed the legal procedures for marriage.
There are only a handful of states that recognize common-law marriage, and the criteria vary. These include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
In Minnesota, couples who are not legally married do not have the same rights as those who are. However, if a couple was legally married by common law in another state and then moved to Minnesota, their marriage would be recognized, and they would have the same rights as legally married couples.
A putative spouse is a term used for someone who is considered a valid spouse but is not due to a technical error, such as not obtaining a marriage license. Under Minnesota law, a putative spouse is granted the same rights as a legal spouse, including the right to ask for spousal support.
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