Cameron Miranda
Missouri does not recognize common-law marriages. However, if a couple has a common-law marriage recognized by another state, Missouri will recognize it as a valid marriage. In Missouri, anyone wanting to get married is required to obtain a marriage license and have their marriage solemnized by a person authorized by law to solemnize marriages. This usually means a judge or a person authorized to perform marriages in a religious tradition.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Cohabitation agreement | Necessary to protect each person's rights |
| Marriage license | Required |
| Solemnization | Required by a person authorized by law |
| Palimony cases | Not allowed |
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What You'll Learn
Missouri does not recognize common-law marriage
This means that cohabiting couples in Missouri do not have the same rights as married couples. For example, Missouri law does not recognize any distinct property rights between unmarried individuals. In the case of a breakup, there is usually a discrepancy over who gets what, and how custody of children and pets is handled. While children's rights are no different than if their parents were married, property rights are a different story.
Missouri requires anyone who wants to get married to obtain a marriage license. They must then have their marriage "solemnized by a person authorized by law to solemnize marriages," typically a judge or a religious official. This is a crucial distinction between common-law marriages in other states, where couples live together for a certain period, agree that they are spouses, and present themselves to the public as a married couple.
While Missouri does not recognize common-law marriages within its borders, it will recognize a common-law marriage that has been established in another state. So, if a couple has a valid common-law marriage in a state that allows it, Missouri will recognize their union as a legal marriage.
It's important to note that Missouri law has little to say about the property rights of cohabiting couples. There is no distinction between marital property and separate property because there is no marriage. Instead, property might be jointly owned by both individuals or owned by one individual who shares it with the other. Additionally, Missouri does not allow "palimony" cases, which are lawsuits to obtain financial support similar to spousal maintenance after the end of a non-marital relationship.
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Common-law marriage recognized in other states is valid in Missouri
Missouri does not recognize common-law marriages within its jurisdiction. However, if a couple establishes a common-law marriage in another state, Missouri will recognize it as a valid marriage. This is because the Full Faith and Credit Clause of the U.S. Constitution states that a marriage recognized in one state is generally considered valid in another state.
For example, if a couple establishes a common-law marriage in Kansas, where both parties are 18 years or older and present each other as husband and wife to the public, and then moves to Missouri, they will be considered married in Missouri. This is because Missouri recognizes common-law marriages from other states, even though it does not allow them to be formed within its borders.
It is important to note that there is no common-law divorce. If a couple establishes a common-law marriage in a state that recognizes it and then moves to Missouri, they would still need to obtain a valid legal separation or divorce. Additionally, Missouri law does not recognize any distinct property rights between unmarried individuals, so cohabiting couples may want to consider a "cohabitation agreement" to protect their rights.
While Missouri does not recognize common-law marriages formed within its borders, it does recognize all validly contracted foreign marriages, including those formed under common-law in other states. This is in line with the laws of comity and choice of law/conflict of laws rules followed by all U.S. jurisdictions.
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Cohabiting couples have no distinct property rights
Missouri does not recognize common-law marriages. The state also does not recognize any distinct property rights between unmarried individuals. This means that cohabiting couples in Missouri have no distinct property rights.
Cohabiting couples can, however, own property jointly or enter into a cohabitation agreement to protect their individual property rights. Joint tenancy is the most common type of co-ownership, where both individuals co-own the property in equal shares. In this case, neither individual can sell or rent the property without the other's consent. If one cohabitant dies, the other automatically inherits the property.
If the couple does not have joint ownership, the individual who does not own the property has no right to continue living in it if they separate. They will also not automatically inherit the property if their partner dies, unless it is left to them in a will.
In the absence of a will, the surviving cohabitant may be able to claim their partner's property through court if they have been living together for two or more years. However, they will not have the right to make arrangements for their deceased partner's funeral, nor will they be able to access their bank accounts or state pension.
Cohabiting couples in Missouri also do not have the same tax benefits as married couples, and may have to pay tax if they give assets, such as a house or large sum of money, to their partner.
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Missouri does not allow palimony cases
Missouri does not recognize common-law marriages. This means that even if a couple lives together for a certain amount of time, the state does not consider them married unless they have obtained a marriage license and had their marriage solemnized by an authorized person, such as a judge.
In addition to not recognizing common-law marriages, Missouri also does not allow "palimony" cases. Palimony refers to lawsuits filed by one partner against another seeking financial support after the end of their non-marital relationship. The term is somewhat similar to spousal maintenance or alimony, which is financial support provided by one spouse to another during and after a divorce.
Alimony, or spousal maintenance, in Missouri is decided on a case-by-case basis. Judges consider various factors, including the financial needs and conduct of the spouses during the marriage. The purpose of alimony is not to punish a spouse, but to help the lower-earning spouse transition out of the marriage and back into the workforce. While bad conduct does not typically affect the judge's decision, it may have a greater impact if it affected the couple's finances. For example, if one spouse depleted marital savings for personal pleasure trips.
Missouri law does not recognize distinct property rights between unmarried individuals. This means that in the absence of a marriage, there is no distinction between marital property and separate property. Instead, there may be jointly owned property or property that one individual owns and shares with the other. To protect their rights, cohabiting couples in Missouri can enter into a "cohabitation agreement". This document outlines each person's rights and responsibilities regarding property and other financial matters in the event of a breakup.
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Legal rights of cohabiting couples
Cohabiting couples in Missouri do not have the same legal rights as married couples. Missouri does not recognize common-law marriages, nor does it allow "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
Cohabiting couples in Missouri do not have the right to divide property, allocate debts, receive spousal support in the event of a break-up, file joint tax returns, receive survivor's benefits from retirement plans and social security, or receive certain employment and health benefits.
However, Missouri law treats issues like child support and child custody the same for married and cohabiting couples with children. A cohabiting couple with minor children can create an agreed parenting plan that addresses where the child will live and go to school, how they will make decisions regarding healthcare and education, and how they will split the cost of raising the child. This plan must be approved by a court, which can also enforce child support.
Cohabitation agreements are becoming more common for couples who live together without marrying. These agreements can help define the expectations and obligations of each partner, as well as provide protection in the event of a breakup or death. They can also help address important issues that may arise during the relationship. A cohabitation agreement may include terms related to child support and custody, as well as property and earnings during the time the couple lives together.
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Frequently asked questions
No, Missouri does not recognize common-law marriages. However, if a couple has a common-law marriage recognized by another state, Missouri will recognize it as a valid marriage.
A common-law marriage is a marriage that is recognized by law but does not require an official ceremony or marriage license. Common-law marriages are typically established when a couple lives together for a certain period of time and holds themselves out to the public as a married couple.
Since Missouri does not recognize common-law marriages, there are no specific requirements outlined by the state. However, if a couple wishes to have their common-law marriage recognized by another state, they may need to meet that state's specific requirements.
Missouri law does not recognize any distinct property rights between unmarried individuals. Property owned by cohabiting couples may be jointly owned by both individuals or owned by one individual who shares it with the other.
No, Missouri does not allow palimony cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship. However, it may be possible for a person to recover compensation based on their financial contributions to the relationship or the value of their labor.
