Cecily Zamora
Pennsylvania has a complicated relationship with common-law marriages. While it previously allowed common-law marriages, it no longer permits couples to enter into new common-law marriages as of January 1, 2005. However, it still recognizes common-law marriages that were established before this date. This means that if a couple entered into a common-law marriage in Pennsylvania before 2005, their marriage is still valid and recognized by the state. For couples who moved to Pennsylvania after establishing a common-law marriage in a different state, they can ask a Pennsylvania court to determine if their marriage is valid under their home state's laws. Proving a common-law marriage in Pennsylvania can be challenging, and often requires clear and convincing evidence of an exchange of words in the present tense with the specific purpose of establishing a marital relationship. This may include documents showing cohabitation, testimony from friends and community members, and various other forms of documentation.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Yes, if established before 1 January 2005 |
| Social Security benefits | Yes, if common-law marriage is proven |
| Evidence required | Exchange of words in the present tense with the specific purpose of establishing a marital relationship |
| Evidence required if one spouse is deceased | Joint tax returns, joint loans, or other financial documents; witnesses who can testify the couple held themselves out as married |
| Termination of common law marriage | Legal divorce from a court of competent jurisdiction |
| Parental rights | Yes, regardless of marital status |
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What You'll Learn
Common law marriage in PA before 2005
Pennsylvania is one of eight US states that still allow common-law marriages. However, it is among five states that have enacted legislation to prevent couples from entering into a common-law marriage. Nevertheless, Pennsylvania still recognizes common-law marriages that were formed before 1 January 2005.
Prior to 2005, a couple could claim a common-law marriage in Pennsylvania if there was clear and convincing evidence that they exchanged words in the present tense, with the specific purpose of establishing the legal relationship of husband and wife. There were no specific words that needed to be spoken, but the purpose of the exchange had to be clear.
The existence of a common-law marriage could be presumed by a court if there was sufficiently strong evidence that a couple lived together as husband and wife consistently and had a broad reputation for being married. This presumption could be rebutted if there was evidence that the couple did not specifically agree to live as husband and wife.
If a couple establishes the existence of a valid common-law marriage, they have the same rights as couples with ceremonial marriages. This includes rights to each other's Social Security benefits, employment benefits, assets, and debts. If the relationship ends, the couple must obtain a legal divorce from a court of competent jurisdiction.
To prove the existence of a common-law marriage, a couple may be asked to provide witnesses who can testify that they held themselves out as a married couple to family, friends, and the community. Statements from blood relatives affirming the marriage may also be required, as well as additional documentation such as mortgage or rent receipts, insurance policies, or bank records.
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PA's recognition of common law marriages in other states
Pennsylvania's recognition of common law marriages established in other states is a complex issue. On the one hand, Pennsylvania is one of the five states that have chosen to abolish common law marriages within their jurisdiction but still recognize those formed before a specific date. In the case of Pennsylvania, this date is January 1, 2005. This means that any common law marriages formed in Pennsylvania before this date are still valid and recognized by the state.
However, when it comes to recognizing common law marriages from other states, the situation is less clear-cut. While some sources indicate that Pennsylvania courts must recognize out-of-state common law marriages, including those formed after 2005, it is clear that Pennsylvania judges are reluctant to make these decisions. This reluctance stems from the difficulty of interpreting and applying another state's laws, especially in cases where those laws may conflict with Pennsylvania's own legal principles or evolution on certain issues, such as same-sex marriage.
For instance, Pennsylvania did not recognize same-sex marriage before 2014, but other states did. As a result, a Pennsylvania court might be faced with the challenge of determining whether an out-of-state common law marriage between two people of the same sex, formed before 2014, is valid under Pennsylvania law.
To further complicate matters, proving the existence of a common law marriage, whether in Pennsylvania or another state, is not easy. Clear and convincing evidence is required, such as documents showing that the couple lived together, testimony from friends and community members, proof of beneficiary designations, joint credit applications, and other statements indicating a marital relationship.
In conclusion, while Pennsylvania does recognize common law marriages from other states, the specific circumstances and date of formation, as well as the ability to provide sufficient evidence, will play a significant role in how these marriages are treated within the state.
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Proving a common law marriage
Pennsylvania does not recognize common-law marriages formed after January 1, 2005. However, the state still recognizes common-law marriages that were established before this date. Therefore, proving a common-law marriage in Pennsylvania depends on when the marriage was established.
If the marriage was established on or before January 1, 2005, there are several ways to prove a common-law marriage. The couple must provide clear and convincing evidence that they exchanged words in the present tense with the specific purpose of establishing a marital relationship. There are no specific words that need to be spoken, but the intent must be clear. This can be proven through documents, such as jointly signed leases or mortgages, and testimony from friends and community members who considered the couple to be married. If one or both members of the couple are deceased, the court may presume the existence of a common-law marriage if there is sufficient evidence that the couple lived together consistently as husband and wife and had a general reputation of being married. This presumption can be rebutted if there is evidence that the couple did not specifically agree to live as husband and wife.
If the marriage was established after January 1, 2005, it will not be recognized as a common-law marriage in Pennsylvania. However, the couple may still have rights and protections under state contract or tort laws, including property rights and parental rights over any children they may have together.
It is important to note that simply living together, having children together, or owning property together does not constitute a common-law marriage. The key element is the exchange of words or vows with the specific intent to establish a marital relationship.
To receive benefits from the Social Security Administration (SSA), couples must submit statements on special forms, such as the "Statement Regarding Marriage" or "Statement of Marital Relationship", which are available at the Social Security office and on the SSA website. The SSA acknowledges all common-law marriages established in states that recognize them, including Pennsylvania for marriages established before 2005.
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Benefits of a common law marriage
Common-law marriage is a legal framework that recognises a couple as legally married, even without a formal ceremony or marriage license. While it is not recognised in all states, common-law marriage does offer several benefits.
Social Security and Employment Benefits
If a couple can prove they are common-law married, they may be entitled to each other's Social Security and employment benefits, such as pension benefits.
Tax Benefits
Common-law married couples are exempt from the gift tax for gifts to each other. They can also claim deductions for mortgage interest if they co-own a house or have children.
Medical Benefits
Common-law married couples may combine health insurance policies, reducing the amount paid in monthly premiums compared to individual policies. Additionally, a medical power of attorney (POA) can be designated, allowing a spouse to make medical decisions when the other is incapable.
Inheritance
With a valid will, common-law spouses can inherit each other's property. If a common-law spouse dies without a will, their children and other family members assume inheritance rights.
Recognition as a Married Couple
Common-law marriage allows couples to be recognised as married without the need for formal procedures. This can be especially meaningful for those who wish to forgo traditional ceremonies.
While common-law marriage offers these benefits, it is important to note that it also has certain drawbacks and risks. For example, if one partner denies the existence of the marriage or dies without a will, the other may be left vulnerable and without entitlements. Therefore, couples considering common-law marriage should fully understand the legal implications and take steps to protect themselves legally and personally.
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Terminating a common law marriage
Pennsylvania is one of the few states that no longer allow new common-law marriages but still recognize common-law marriages formed before a specific date. If a couple entered into a common-law marriage in a state that allows it and then moved to a state that does not, the new state would recognize the marriage. Therefore, if you were common-law married in Pennsylvania on or before January 1, 2005, your marriage is still valid and recognized by the state.
Terminating a Common-Law Marriage
If you have established a common-law marriage and your relationship ends, you must obtain a legal divorce from a court of competent jurisdiction. You cannot terminate your common-law marriage in any other way. The legal process for dissolving a common-law marriage is the same as that of a formal marriage. All the same legal issues need to be addressed, such as child custody and child support, spousal support, visitation, and the division of property.
To begin the divorce process, you must file a formal petition with the court in the state where you live. All states allow spouses to use a no-fault divorce process, meaning you don't need to prove that your spouse was at fault for the divorce. This process is usually faster, less expensive, and less stressful than a contested, fault-based divorce. Neither spouse is free to remarry until the court signs the judgment of divorce.
In states that recognize common-law marriage, property is divided in the same way as in a formal marriage. There is no such thing as a "common-law divorce." If the couple lives in a state that recognizes common-law marriage, they pursue a standard divorce as a formally married couple would.
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Frequently asked questions
Yes and no. Pennsylvania does not recognize common-law marriages formed after January 1, 2005. However, it still recognizes common-law marriages formed on or before this date.
You will need to provide clear and convincing evidence that you and your partner exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. This could include providing witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community. You may also need to provide documentation such as mortgage or rent receipts, insurance policies, or bank records.
A common-law marriage has the same effect as a ceremonial marriage. You and your spouse may have rights to each other's Social Security benefits, employment benefits, assets, and debts. If your common-law marriage ends, you may be entitled to a property division, spousal support, or alimony, and you must obtain a legal divorce.
