Cecily Zamora
Common-law marriage is an informal marriage without a marriage license or ceremony. Common-law marriages are recognized in only a few states in the US, and the requirements vary by state. To prove a common-law marriage, couples must provide certain documents and evidence that they meet the legal requirements, such as both spouses being at least 18 years old, having the mental capacity to understand the commitment, and not being married to anyone else. Evidence may include affidavits, property deeds, tax returns, insurance documents, and other proof that the couple held themselves out to others as a married couple.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by the state | Common-law marriage is recognised in seven states and the District of Columbia. Some states have abolished it, while others recognise marriages established before a certain date. |
| Legal requirements | Both spouses must be at least 18 years old, have the mental capacity to understand the commitment, and not be married to anyone else. |
| Evidence | Affidavits, property deeds, tax returns, leases, insurance policies, loan applications, public benefits forms, wedding rings, and joint purchases can be used as proof. |
| Time limit | It is harder to prove a common-law marriage if more than two years have passed since separation without taking legal action. |
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What You'll Learn
Proving intent to marry
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry without a marriage license or certificate. Common law marriage is recognised in only a few states in the US and the District of Columbia.
If you want to prove that you have a common-law marriage, you must show evidence by providing certain documents. The exact evidence you'll need to prove a common-law marriage will depend on your state's laws.
For a common-law marriage to be valid, both partners must intend to live as a married couple during their relationship. This generally means that both partners voluntarily entered into a long-term, committed, intimate relationship with the intention to take on the social and legal responsibilities of marriage. Typically, both partners must have "held themselves out" to the public as a married couple. This includes referring to each other as husband and wife, and instructing their friends and family members that they are married.
To prove intent to marry, you can use affidavits, which are written statements in which you swear under oath that the statement is true. There are two types of affidavits that can be used: personal affidavits and friend and family affidavits. In a personal affidavit, you can include the date and location where you and your common-law spouse mutually agreed to become spouses, previous marriages, and any other details that will help show a spousal relationship. Friend and family affidavits are written by people who know you and your partner and are familiar with your relationship.
In addition to affidavits, other documents that can be used to prove intent to marry include lease agreements, tax returns, insurance policies, property deeds, and other documents that show shared ownership.
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Meeting state requirements
Common-law marriage is an informal marriage without a marriage license or ceremony. It is only recognised in a few states, and each state has its own rules about what you need to do to have a common-law marriage. If your state does not recognise common-law marriage, you may be able to establish one if you previously lived in a common-law state and can show written documentation as proof.
To prove a common-law marriage, you must show evidence by providing certain documents. You must prove that you established your marriage relationship while living in a state that recognised common-law marriages for all purposes. You must also prove that you and your partner were both over the age of 18 and not already married, either formally or informally, to anyone else at the time. Both of you must have intended for your relationship to be a marriage, and you must have lived together and presented yourselves publicly as a married couple.
You can use various documents to prove your common-law marriage, such as an affidavit or property deed. An affidavit is a written statement in which you swear under oath that the statement is true. You can write a personal affidavit stating that you and your partner are married, including the date and location where you mutually agreed to become spouses. You can also include affidavits from friends and family who know you and your partner and are familiar with your relationship. Other documents that can help prove your common-law marriage include joint tax returns, leases or other documents signed as spouses, joint purchases, and including your partner on your health insurance.
It's important to note that evidence that you planned to have a ceremonial marriage in the future may cut against your common-law marriage claim. However, wearing wedding rings and holding yourselves out to others as a married couple can be strong proof of your marriage. Additionally, if you and your partner have been separated for more than two years without taking any action to end the marriage, it will be harder to prove that a common-law marriage existed.
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Using affidavits
Affidavits are a useful tool to prove a common-law marriage. An affidavit is a written statement in which you swear under oath that the statement is true. There are two types of affidavits that can be used to prove a common-law marriage: personal affidavits and friend and family affidavits.
Personal affidavits are written statements by you and your partner, stating that you are married. This affidavit should include the date and location where you and your common-law spouse agreed to become spouses, previous marriages (if applicable, include the date of divorce, annulment, or date from the former spouse’s death certificate), and any other details that will help show a spousal relationship.
Friend and family affidavits are statements from people who know you and your partner (friends, family, etc.), and are familiar with your relationship. These affidavits should include how they know you (friend, family, co-worker, etc.), the length of time you and your spouse have lived together, whether there was a public announcement of your marriage (save the date, wedding invitation, social media post, etc.), and whether they think you are married.
In addition to affidavits, there are other documents that can be used to prove a common-law marriage. These include a driver's license or Social Security number card that shows a name change that matches your spouse’s name, birth certificates that name you and your common-law spouse as parents of your child, deeds showing title to property held jointly, bank statements showing joint ownership of accounts, and loan documents, leases, mortgages, and promissory notes that show joint financial obligations.
It is important to note that the requirements for common-law marriage vary by state, and not all states recognize it. If you are unsure about the requirements in your state, it is best to consult with an experienced family law attorney to ensure that your rights are protected and you are aware of all the legal implications of your relationship.
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Providing documentation
Common-law marriage is an informal marriage without a marriage license or certificate. Common-law marriage is recognized in only a few states and the District of Columbia. Each state has its own rules about what you need to do to have a common-law marriage.
If your state does not recognize common-law marriage, you may still be able to establish one if you previously lived in a common-law state and can provide written documentation as proof.
To prove a common-law marriage, you must show evidence by providing certain documents. Here are some ways to provide documentation of a common-law marriage:
- Affidavits: You can write a personal affidavit stating that you and your partner are married. This should include the date and location where you and your common-law spouse mutually agreed to become spouses, previous marriages (if applicable), and any other details that will help show a spousal relationship. You can also include affidavits from friends and family who know you and your partner and are familiar with your relationship.
- Property deeds: You can use property deeds or other documents to prove your relationship. This includes leases or other documents signed as spouses, joint purchases, and including your partner on your health insurance.
- Financial documents: Filing joint tax returns as spouses or including your partner on your health insurance can be used as proof of a common-law marriage.
- Beneficiary designations: Making your partner the beneficiary of a life insurance policy or listing them as your spouse when applying for public benefits can be used as documentation.
- Other documents: Using your partner's last name, having children together, wearing wedding rings, and introducing your partner as your spouse can also be used as proof of a common-law marriage.
It's important to note that the exact evidence required to prove a common-law marriage will depend on your state's laws. In some states, like Texas, you can sign a Declaration of Informal Marriage with the county clerk, which is then considered valid proof of marriage.
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Acting like a married couple
Cohabitation, or living together as a married couple, is another essential aspect of acting like a married couple in a common-law marriage. This involves sharing a household and daily life, similar to traditionally married couples. While there is no specific minimum time requirement, living together for an extended period strengthens the case for common-law marriage. Several years, or even decades, of cohabitation demonstrate a long-term intention to be married.
In addition to public behaviour and cohabitation, financial interdependence can also be a factor in proving a common-law marriage. This may include sharing finances, filing joint tax returns in states that allow it, or receiving spousal Social Security benefits based on the number of years lived together in a common-law state. Combining health insurance policies to reduce monthly premiums is another example of financial interdependence that may be considered.
It is worth noting that simply living together or being in a long-term relationship does not automatically establish a common-law marriage. The key distinction lies in the mutual agreement and intention to be married, coupled with holding themselves out in public as a married couple. This may include introducing each other as spouses to friends and family and behaving in a manner that aligns with societal expectations of a married couple.
Lastly, it is important to consult an experienced family law attorney to understand the specific requirements and provide tailored advice on proving a common-law marriage. The laws and requirements can vary across states, and legal guidance can help navigate the complexities.
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Frequently asked questions
A common-law marriage is an informal marriage without a marriage license, ceremony, or other formalities. It is a legal marriage that is created when certain specific legal requirements are met.
To prove a common-law marriage, you must show that you and your partner were at least 18 years old, not already married, and agreed to be married. You can prove this agreement by providing evidence that you lived together, told others you were married, used your partner's last name, filed joint tax returns, signed leases or other documents as spouses, and more.
You can use affidavits, property deeds, or other documents to prove your relationship. An affidavit is a written statement in which you swear under oath that you and your partner are married. You can also include friends and family affidavits, which are statements from people who know you and your partner and are familiar with your relationship.
If your state does not recognize common-law marriage, you may still be able to establish one if you previously lived in a state that did and can provide written documentation as proof.
