Keith Mack
Pennsylvania has a complex history with common-law marriages, which were a regular feature of life in the state's frontier days. While the state no longer allows couples to enter into a common-law marriage, it still recognises such marriages formed before a specified date. This date is generally understood to be January 1, 2005, after which any common-law marriage is invalid. However, there is some ambiguity as another source states that Pennsylvania no longer recognises common-law marriages formed after 2014. Nevertheless, the state continues to recognise out-of-state common-law marriages, including those from states that do not recognise same-sex marriage.
| Characteristics | Values |
|---|---|
| Common law marriages recognized | Yes, if established before January 1, 2005, in Pennsylvania or in another state that recognized common law marriages at the time. |
| Proof of common law marriage | Clear and convincing evidence of an exchange of words in the present tense with the specific purpose of establishing a marital relationship. |
| Evidence examples | Jointly signed leases or mortgages, testimony from friends and community members, designating each other as beneficiaries on insurance policies and retirement plans, joint credit applications, etc. |
| Rights and benefits | Same as a ceremonial marriage, including rights to Social Security and employment benefits, assets, debts, inheritance, and spousal support. |
| Termination | Legal divorce required, followed by equitable division of property and debts, and possible alimony. |
| Out-of-state common law marriages | Recognized by Pennsylvania if established in a state that recognizes common law marriages. |
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What You'll Learn
Common law marriages in PA after 2005 are not recognised
In the frontier days of Pennsylvania, common-law marriages were a regular feature of life. Such marriages did not require a marriage license or a formal ceremony. However, Pennsylvania no longer recognizes common-law marriages that occurred after January 1, 2005. The state's legislature passed a law that invalidates any common-law marriage formed after this date.
If you were in a common-law marriage in Pennsylvania before January 1, 2005, your marriage is still valid and recognized by the state. In such cases, you may be eligible for certain benefits from the U.S. Social Security Administration. To prove the existence of a common-law marriage, you must 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 may include documents showing that you lived together, testimony from friends and community members that they considered you married, proof that you designated each other as beneficiaries on insurance policies and retirement plans, and joint credit applications.
If you are in a common-law marriage that began in another state that recognizes such marriages, Pennsylvania may still recognize your union. However, it is important to note that Pennsylvania judges do not like deciding whether an out-of-state common-law marriage is valid, as it requires them to make decisions about a person's rights under another state's laws.
For couples who began living together in Pennsylvania after 2005, the state treats them as two individuals rather than a married couple, regardless of how long they have been together. This can impact important legal matters such as property rights, inheritance, and financial responsibilities. To protect their rights, unmarried couples in Pennsylvania should consider creating legal documents such as powers of attorney for healthcare and finances.
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PA courts recognise out-of-state common-law marriages
Pennsylvania does not recognize any common-law marriages formed within the state after January 1, 2005. However, it does recognize such marriages formed before this date, as well as out-of-state common-law marriages. This means that if a couple established a valid common-law marriage in another state, their marriage will be recognized in Pennsylvania, even if it was formed after 2005.
Common-law marriage has the same effect as ceremonial marriage, and Pennsylvania courts will treat a recognized common-law marriage as valid, granting the couple the same rights and responsibilities as any other married couple. This includes rights to Social Security benefits, employment benefits, assets, and debts.
It is not easy to prove a common-law marriage, even if it was established before 2005 or in a state that recognizes these marriages. Clear and convincing evidence must be provided to show that the couple exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. There is no requirement for specific words to be spoken, but the intention must be clear. If both spouses are not available to testify about their vows, other types of evidence may be considered, such as documents showing cohabitation, testimony from friends and community members, designating each other as beneficiaries on insurance policies and retirement plans, and joint credit applications.
If a couple wishes to terminate their common-law marriage, they must obtain a legal divorce from a court of competent jurisdiction. They cannot simply walk away and must go through the legal divorce process.
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PA common law marriages before 2005 are valid
In the frontier days of Pennsylvania, when ministers, pastors, and judges were hard to find, common-law marriages were a regular feature of life. Such marriages did not require a marriage license or a formal ceremony. However, Pennsylvania no longer recognizes common-law marriages that occurred after January 1, 2005. In other words, if a couple was not in a common-law marriage on or before this date, they are not considered married under Pennsylvania law.
Despite this, common-law marriages that occurred before 2005 may still be valid in Pennsylvania. To prove the existence of a common-law marriage, couples must provide clear and convincing evidence that they exchanged words in the present tense with the specific purpose of establishing a marital relationship. This may include documents showing that they lived together, testimony from friends and community members that they were considered married, proof that they designated each other as beneficiaries on insurance policies and retirement plans, and joint credit applications.
If a common-law marriage is recognized by a Pennsylvania court, the couple has the same rights and responsibilities as any other married couple, including the right to inherit from each other's estates, obtain death benefits, and seek spousal support or alimony. They may also have rights to each other's assets and debts.
It is important to note that even if a relationship does not qualify as a common-law marriage, the couple may still be protected by state contract or tort laws in disputes over property rights, and they have parental rights over their children regardless of their marital status.
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PA common law marriages are equal to ceremonial marriages
In Pennsylvania, common-law marriages were a regular feature of life during the frontier days when ministers, pastors, and judges were hard to find. Today, Pennsylvania does not recognize any common-law marriages formed after January 1, 2005. However, the state still recognizes common-law marriages that were established before this date or in another state that recognized such marriages at the time.
If a couple was in a common-law marriage in Pennsylvania before January 1, 2005, or is in a valid common-law marriage that began in another state, they are entitled to the rights of a spouse. Common-law marriages have the same effect as ceremonial marriages. Once a Pennsylvania court recognizes a common-law marriage as valid, the couple has the same rights and responsibilities as any other married couple.
The Social Security Administration (SSA) acknowledges all common-law marriages that were established in states that recognize them, including Pennsylvania. If a couple establishes the existence of a valid common-law marriage, they may have rights to each other's Social Security benefits, employment benefits, assets, and debts. They may also have rights to spousal support or alimony, which is only available to legally married couples in Pennsylvania.
To prove the existence of a common-law marriage in Pennsylvania, a couple must provide clear and convincing evidence. This may include documents showing that they lived together, testimony from friends and community members that they were considered married, proof that they designated each other as beneficiaries on insurance policies and retirement plans, and joint credit applications. The specific purpose of the exchange of words must be to establish the legal relationship of husband and wife, although there are no specific words that need to be spoken.
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Evidence required for PA to recognise common law marriages
Pennsylvania does not recognize common-law marriages formed after January 1, 2005. However, couples may still be recognized as married if they established a valid common-law marriage in Pennsylvania before this date or in another state that recognized such marriages at the time.
It is challenging to prove a common-law marriage, even if it was established before 2005. Clear and convincing evidence must be provided that the couple exchanged "words in the present tense" with the specific intention of establishing a marital relationship. There are no specific words that need to be spoken, but the purpose of the exchange must be clear. This could include statements from the couple, their relatives, and community members affirming that they considered themselves married.
If both spouses are alive, each must provide a statement affirming the marriage. The spouse applying for benefits must also provide a statement from one of their blood relatives and one from their spouse's blood relatives. If one spouse is deceased, the living spouse must provide a statement affirming the marriage, along with two statements from the deceased spouse's blood relatives.
Other types of evidence that may help prove a common-law marriage include documents showing that the couple lived together (e.g., jointly signed leases or mortgages), proof that they designated each other as beneficiaries on insurance policies or retirement plans, and joint credit applications or other certified statements demonstrating that they held themselves out as married.
It's important to note that simply living together, having children together, or owning property together does not establish a common-law marriage. The exchange of words or vows with the explicit intention of creating a marital bond is necessary.
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Frequently asked questions
Yes and no. Pennsylvania does not recognize any common-law marriages formed after January 1, 2005. However, it may still recognize common-law marriages that were established before this date or in another state that recognizes common-law marriages.
A common-law marriage is a marriage that is formed by the exchange of words or vows with the specific purpose of establishing the legal relationship of husband and wife. It does not require a marriage license or a formal ceremony.
If both spouses are alive, each spouse must provide a statement affirming the marriage. You may also need to provide other types of evidence, such as documents showing that you lived together, proof that you designated each other as beneficiaries on insurance policies or retirement plans, or testimony from friends and community members that they considered you and your spouse to be married.
A common-law marriage in Pennsylvania has the same effect as a ceremonial marriage. If you establish the existence of a valid common-law marriage, you and your spouse may have rights to each other's Social Security benefits, employment benefits, assets, and debts. You may also have the right to inherit from your spouse's estate or obtain death benefits from insurance policies or workers' compensation.
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