Anaya Nolan
Common-law marriage is a term for a marriage that exists by cohabitation and agreement, without a formal marriage license or ceremony. In the US, common-law marriages have been slowly disappearing since 1215, when the Catholic Church banned secret marriages. While common-law marriages were once recognized in Michigan, the state abolished them in 1957. However, Michigan will still recognize common-law marriages that were established in other states, provided certain requirements are met. This recognition is based on the 'full faith and credit' clause of the US Constitution. So, how does this work in practice for couples in Michigan?
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Not recognized in Michigan since 1957, but common-law marriages from other states are recognized |
| Requirements for common-law marriage | Mutual intent to be married, consistent representation of their relationship as a marriage to the public, cohabitation |
| Rights of common-law couples | Same rights as married couples in Michigan, including federal income tax purposes |
| Protection for unmarried couples | Yes, through a cohabitation agreement |
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What You'll Learn
Common law marriage requirements
In Michigan, common-law marriage is not legally recognised in most cases. However, there are certain circumstances where common-law marriages are recognised.
Firstly, Michigan will recognise a common-law marriage that occurred in another jurisdiction. If a couple establishes a common-law marriage in a state that recognises such a union, Michigan will also honour that marriage. For example, if a couple is considered to be in a common-law marriage in Iowa and then moves to Michigan, Michigan will recognise this union. However, the couple must have complied with the common-law marriage requirements of their home state.
Secondly, any couple that was considered to be in a common-law marriage before 1957 is still viewed as such in the eyes of the law. Michigan abolished common-law marriages in 1957, but unions formed before this date are still valid.
The key elements of a common-law marriage are cohabitation, mutual intent, and consistent representation. This means that the couple must live together, intend to be married, and present themselves as married to their community. Simply living together is not enough to establish a common-law marriage.
To protect their rights, couples in Michigan can draft a cohabitation agreement, which is similar to a premarital agreement. This can outline property division in the event of a breakup, but cannot include provisions for child custody and support. Additionally, couples can create durable powers of attorney, allowing them to make legal and medical decisions for each other in the event of incapacitation or death.
While Michigan does not issue specific certificates for common-law marriages, these unions can be recognised by a court. If a couple is considered to be in a common-law marriage, they will be treated as a married couple and afforded the same rights and responsibilities.
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Common law marriage recognition in other states
Michigan does not recognise new common-law marriages, regardless of whether the couple is of the same or opposite sex. However, it will respect a common-law marriage that occurred in another jurisdiction. This means that a couple with a common-law marriage in another state will still be considered legally married for federal tax filing purposes in Michigan.
In the United States, common-law marriage is recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
The specific requirements for common-law marriage vary from state to state. In Colorado, for example, the requirements for common-law marriage were revised in 2021 in light of Obergefell v. Hodges and changing social practices. In Texas, couples can register their informal marriage by filing a declaration with the county clerk. In Utah, the government claims that common-law marriage does not exist, but "non-matrimonial relationships" may be recognised as marriages under certain conditions.
It is important to note that the recognition of common-law marriage has evolved over time. In the past, it was recognised in more states, and the requirements were different. For example, in 1838, Michigan passed a law stating that marriages could be solemnised by any justice of the peace or minister in the state, which was the first step towards moving away from recognising common-law marriage.
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Rights of unmarried couples
Michigan does not recognize new common-law marriages, regardless of whether the couple is same-sex or opposite-sex. Common-law marriage is the term for a "marriage" that exists solely by agreement and cohabitation. In Michigan, there is no specified duration of cohabitation that automatically results in a common-law marriage. Instead, common-law marriage in Michigan is traditionally based on the couple's mutual intent to be married and their consistent representation of their relationship as a marriage to the public.
However, Michigan will recognize common-law marriages that are valid in other states. For federal income tax purposes and other legal matters, Michigan recognizes common-law marriages from other jurisdictions if they were established according to the laws of those states.
Unmarried couples in Michigan do not have the same legal rights as married couples. They may face challenges when attempting to divide assets, solve housing issues, and arrive at a parenting time or child custody agreement. For example, in the case of an unmarried couple separating, ownership is established by title. If your name is not on the title, you do not have ownership. However, one can demand a buyout or to be added on, especially if they have financially contributed.
Child custody laws in Michigan for unmarried parents also differ from those that apply to married couples. Typically, an unmarried biological mother will receive sole physical and legal custody of a child. For an unmarried father to receive custody, they must establish paternity and then file for custody of the child.
Until recently, a 1931 Michigan law made it illegal for unwed partners to live together. However, this law was repealed in 2023, meaning it is no longer a crime for an unmarried couple to live together in Michigan.
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History of common law marriage in Michigan
Michigan currently does not recognize new common-law marriages, regardless of whether the couple is same-sex or opposite-sex. However, this has not always been the case.
In 1838, Michigan passed a law that stated that marriages could be solemnized by any justice of the peace or minister. This was the first law enacted in Michigan to move away from recognizing common-law marriages. However, common-law marriages were still recognized in Michigan until 1957. In that year, the state changed its law to require that marriages must result from a marriage license. After 1957, mere consent to be married or cohabitation was not enough to be considered legally married in Michigan.
Michigan will, however, continue to recognize common-law marriages that are valid in other states, due to the 'full, faith, and credit' clause of the United States Constitution. This means that if a couple is considered common-law in a state that recognizes such marriages and then moves to Michigan, Michigan will still recognize the couple as common-law.
In Michigan, common-law marriage is traditionally based on the mutual intent of the couple to be considered married without a formal marriage license or ceremony. Simply living together is insufficient to establish a common-law marriage. Instead, both partners need to have a present intent to be viewed as married and consistently present themselves as such to their community.
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Divorce and common law marriage
In Michigan, common law marriages are no longer recognised. The practice was abolished in 1957, and since then, couples in Michigan have been required to obtain a marriage license and have a wedding ceremony to be considered officially married. However, common law marriages established before 1957 are still considered valid and legal in the state. Therefore, if a common-law marriage that occurred before 1957 ends in a breakup, the couple would need to go through divorce proceedings like any other married couple.
Common law marriage is a term for a "marriage" that exists solely by agreement and cohabitation. It is formed when a couple resides together and presents themselves as a married couple to their community without an official marriage certificate. While Michigan does not recognise new common-law marriages within the state, it will recognise those from other jurisdictions under certain circumstances. For example, if a couple has a valid common-law marriage in another state that recognises such unions, Michigan will also recognise their marriage if they move to the state.
In the case of divorce, a Michigan court will aim for a fair division of assets, which may not necessarily mean an equal split. Unmarried couples in Michigan do not automatically share property ownership, and living together does not grant special rights or the benefits of marriage. However, unmarried couples can draft a cohabitation agreement to outline their wishes and protect their rights in the event of a breakup.
For those in a common-law marriage recognised by Michigan, divorce proceedings may apply in the event of a breakup. It is important to consult with a lawyer to understand the specific requirements and protections under Michigan law, especially for those moving from out of state.
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Frequently asked questions
No, Michigan does not recognize new common-law marriages, regardless of whether the couple is same-sex or opposite-sex.
Yes, Michigan recognized common-law marriages before 1957. After that, the state mandated that couples obtain a marriage license for their union to be recognized.
Yes, Michigan will recognize common-law marriages from other states as long as they were established according to the laws of those states.
Common-law marriages in Michigan prior to 1957 are still recognized. For common-law marriages from other states, couples must prove that they cohabited in a jurisdiction that recognizes such marriages, that they met the legal requirements for the marriage, and that they presented themselves as married.
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