Keith Mack
Indiana's stance on common-law marriages is a complex issue. While the state does not officially recognize common-law marriages as statutory law, it does acknowledge them to a limited extent under certain conditions. Indiana Code § 31-11-8-5 states that marriages are void if they are common-law marriages entered into after January 1, 1958. Therefore, Indiana does not recognize common-law marriages formed after 1958. However, for relationships that meet specific guidelines, including mutual agreement, cohabitation, public declaration of marriage, and intent to be recognized as married, Indiana grants spousal rights and benefits typically associated with traditional marriages.
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What You'll Learn
Indiana's common law marriage history
The history of common-law marriages in Indiana has evolved over time, and currently, the state does not generally recognize such marriages.
Common-law marriage, originating from English law, refers to a marriage without a legal or religious ceremony, where two individuals share life as a married couple and present themselves as such to the public and their families. In the US, these marriages were once a matter of convenience, especially in remote areas where it was difficult to find someone qualified to perform a marriage ceremony.
Indiana has a specific history regarding common-law marriages. The state abolished common-law marriage in 1958, as outlined in Indiana Code § 31-11-8-5, which states that "a marriage is void if it is a common-law marriage entered into after January 1, 1958." This means that Indiana does not recognize common-law marriages formed after this date.
However, Indiana does recognize common-law marriages that occurred before 1958 to a limited extent. The state's law specifies certain conditions for recognizing common-law marriages, including an agreement between both parties to assume a matrimonial relationship, cohabitation for a sufficient period to be recognized as a married couple, and a public declaration of their marriage. While there is no specific timeline defined for the period of cohabitation, Indiana courts have considered three years as a sufficient duration.
Despite not recognizing common-law marriages formed after 1958, Indiana does acknowledge cohabitation between unmarried parties. In the event of a breakup, unmarried cohabitants may rely on express contracts or seek equitable relief to determine their rights and responsibilities.
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Cohabitation agreements
Indiana does not recognize common-law marriages that occurred after 1958. However, Indiana does recognize cohabitation between unmarried parties. Cohabitation occurs when parties merge households but do not get married.
Unmarried couples that live together or plan to live together are good candidates for cohabitation agreements. These agreements can provide legal protections and remedies if one person does not adhere to the contract. They can also help couples consider many important aspects of living together, such as managing a shared bank account, dividing bills, and determining ownership of assets.
To create a cohabitation agreement, couples can contact family law attorneys or consult with a lawyer for specific legal questions. It is important to note that cohabiting partners are not entitled to spousal support upon separation, and they do not have the same legal benefits as married couples. However, with the right legal agreements and planning, cohabiting couples can protect their rights and build a secure future together.
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Common law marriage requirements
Indiana does not recognize common-law marriages as statutory law. However, the state does acknowledge them to a limited extent. Indiana law specifies that there must be an agreement between the two parties to assume a matrimonial relationship, a public declaration of their marriage, and cohabitation for a sufficient period to be recognized as a married couple.
The crucial aspect of common-law marriage is the intention to be perceived as a married couple. This intention is discernible from various patterns, such as filing taxes together, using the same last name, introducing themselves to third parties as spouses, and signing joint contracts.
To qualify as a common-law spouse in Indiana, two individuals must comply with the following requirements:
- Mutual Agreement: Both parties must agree to enter into a marital relationship.
- Cohabitation: The couple must live together for a sufficient period to be recognized as husband and wife. While there is no specific timeline, Indiana courts have stipulated that three years is enough time.
- Public Declaration of Marriage: The couple must present themselves as married to family, friends, and the wider community.
It is important to note that common-law marriages in Indiana entered into after January 1, 1958, are not recognized. Therefore, the recognition of common-law marriages in Indiana is limited to those that occurred before this date.
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Rights and benefits of common law spouses
Indiana abolished common-law marriage in 1958. As such, Indiana does not recognize common-law marriages in the present day. However, Indiana does recognize cohabitation between unmarried parties.
If a common-law marriage occurred before 1958, Indiana recognizes it under certain guidelines. The following are the rights and benefits of common-law spouses in Indiana:
- Property rights: Common-law spouses in Indiana acquire property rights to the property obtained during the marriage.
- Inheritance: Common-law spouses in Indiana have inheritance rights.
- Tax benefits: Common-law spouses can file joint tax returns and enjoy the same tax benefits as married couples.
- Insurance: Common-law spouses can access healthcare insurance programs like life, health, and dental insurance, and can be beneficiaries in their spouse's insurance.
- Spousal rights: Common-law marriages in Indiana are considered legally binding, and the state's recognition provides spousal rights and benefits to those in cohabitation.
It is important to note that common-law marriages in Indiana can only be terminated through legal divorce proceedings, and divorce law does not apply to the termination of cohabitation.
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Terminating a common law marriage
Indiana does not recognize common-law marriages, favoring formalized marriage procedures. The Indiana Code requires a ceremonial process, including obtaining a marriage license and a solemnization ceremony, ensuring all marriages are documented and legally recognized. This approach safeguards against disputes regarding relationship legitimacy, particularly concerning property rights, inheritance, and spousal support. Despite this, Indiana acknowledges common-law marriages legally established in other jurisdictions, aligning with the Full Faith and Credit Clause of the U.S.
However, Indiana did recognize common-law marriages before 1958. Therefore, if you entered into a common-law marriage before 1958 and wish to terminate it, you would have to follow the same legal divorce proceedings as traditional marriages.
If you are unsure about your rights and responsibilities, especially when cohabitation ends, you should seek legal representation regarding cohabitation laws in Indiana.
- Cohabitation agreements
- Estate planning tools, like wills, trusts, and powers of attorney
- Trusts to give you a say in how your final wishes are fulfilled
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Frequently asked questions
Indiana does not recognize common-law marriages as a statutory law. However, the state does recognize them to a limited extent. Indiana law acknowledges common-law marriages that meet specific guidelines, including mutual agreement, cohabitation, public declaration of marriage, and intent to be recognized as married.
According to Indiana law, there must be an agreement between both parties to assume a matrimonial relationship, a public declaration of their marriage, and cohabitation for a sufficient period to be recognized as a married couple. The period of cohabitation does not have a specific timeline, but Indiana courts have considered three years to be enough time.
Common-law marriages are considered legally binding in Indiana and can only be terminated through legal divorce proceedings.
