Cecily Zamora
Common-law marriage is a concept where a couple is considered legally married after living together for a certain period without a marriage license or ceremony. Pennsylvania is one of the few states that still recognize common-law marriages formed before a specified date, in this case, January 2, 2005. While there is no specific number of years required, couples must provide sufficient evidence to prove their marital relationship, such as jointly signed leases, testimony from friends, beneficiary designations, and joint credit applications. Pennsylvania courts also recognize out-of-state common-law marriages, but the rules for proving a valid common-law marriage vary from state to state. It's important to note that establishing a common-law marriage in Pennsylvania after 2005 is not possible, and couples cannot rely solely on the number of years together to claim this status.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Pennsylvania | No, not since January 2005 |
| Common law marriage recognized for couples who established it before January 2005 | Yes |
| Common law marriage recognized for out-of-state couples | Yes |
| Proof of common law marriage required | Yes, through documents, testimony, and other evidence |
| Rights of common law spouses | Same as legally married couples, including inheritance, death benefits, and insurance |
| Ease of proving common law marriage | Difficult, may require a family law attorney |
| Basis of common law marriage | Exchange of words or vows, not solely living together, having children, or owning property |
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What You'll Learn
Common law marriage in PA after 2005
In Pennsylvania, common-law marriages that were established before January 1, 2005, are still recognized. However, for relationships formed after this date, there is no possibility of a common-law marriage being recognized. This means that couples who believe they have a common-law marriage must have established this before 2005.
Proving a common-law marriage is not easy, even if the relationship was established before 2005. Couples will need to 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. For example, a couple must state that they "are" married, not that they "will get" married, as this would constitute an engagement. Living together for a long time, having children, or owning property together does not prove a common-law marriage.
If one or both members of the couple are deceased, it may still be possible to establish a common-law marriage. In these cases, a court may presume the existence of a common-law marriage if there is strong evidence that the couple lived together as husband and wife and had a general reputation for being married.
Common-law marriages in Pennsylvania carry the same rights as ceremonial marriages. This includes rights to Social Security benefits, employment benefits, and rights to each other's assets and debts. If a common-law marriage ends, the couple must obtain a legal divorce and cannot simply separate.
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Evidence of common law marriage
In Pennsylvania, a couple may claim to be married under common law if there is clear and convincing evidence that they exchanged words in the present tense, with the specific purpose of establishing a marital relationship. This exchange of words must have taken place on or before January 1, 2005. There are no specific words that need to be spoken, but the intention must be clear. An agreement to get married in the future does not constitute a common-law marriage; the couple must state that they "are" married.
It is important to note that simply living together, having children together, or owning property together does not constitute a common-law marriage. The marriage is formed by the exchange of words or vows, with the clear intention to establish the legal relationship of husband and wife.
If one or both members of a couple are deceased, Pennsylvania law recognises that there may not be evidence of an exchange of words. In such cases, a court may presume the existence of a common-law marriage if there is sufficient evidence that the couple lived together as husband and wife consistently and had a general reputation of being married. This presumption can be challenged if there is evidence that the couple did not agree to live as husband and wife.
To prove a common-law marriage in Pennsylvania, the following types of evidence may be useful:
- Documents showing that the couple lived together, such as jointly signed leases or mortgages.
- Testimony from friends and community members who considered the couple to be married.
- Proof that one or both partners designated the other as a beneficiary on life insurance policies and retirement plans.
- Joint credit applications and other certified statements showing that the couple held themselves out as married.
Once a Pennsylvania court recognises a common-law marriage as valid, 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 claim certain benefits from the Social Security Administration.
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Rights of common-law spouses
In Pennsylvania, common-law marriages are only recognized if they were established before January 1, 2005. If a couple entered into a common-law marriage in a state that recognizes these marriages before this date, their marriage may still be valid in Pennsylvania. However, proving a common-law marriage can be challenging, and it is recommended to seek legal advice.
If a common-law marriage is recognized by a Pennsylvania court, the spouses have the same rights and responsibilities as any other married couple. This includes rights to Social Security benefits, employment benefits such as pensions, and rights to each other's assets and debts. Additionally, common-law spouses can inherit from their spouse's estate and obtain death benefits from insurance policies or workers' compensation.
For couples who began living together after 2005, Pennsylvania law treats them as individuals rather than a married couple, impacting legal matters such as property rights, inheritance, and financial responsibilities. Unmarried partners do not automatically have property rights or the right to inherit from one another. To protect their rights, unmarried couples can create legal documents such as cohabitation agreements, wills, trusts, and powers of attorney for healthcare and finances.
In summary, while Pennsylvania no longer recognizes new common-law marriages, couples who established a valid common-law marriage before 2005 have the same rights and responsibilities as any other married couple in the state. For couples who do not meet the criteria for common-law marriage, there are alternative legal options to protect their rights and interests.
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Out-of-state common-law marriages
Pennsylvania does not recognize any common-law marriages formed within the state after January 1, 2005. However, the state continues to recognize common-law marriages that were established before this date. Additionally, Pennsylvania recognizes out-of-state common-law marriages, even if they were formed after 2005, as long as they are considered valid in the state where they were formed.
If you are in a common-law marriage, you and your spouse are legally recognized as married without having obtained a marriage license or participated in a wedding ceremony. However, proving a common-law marriage can be challenging, and you may need the assistance of a family law attorney to gather the necessary evidence. The specific requirements for a valid common-law marriage vary from state to state.
In Pennsylvania, to claim a common-law marriage, you will likely need to provide the court with records that establish proof of the marriage, such as joint tax returns, joint loans, or other financial documents. It is also essential to demonstrate the intent to marry, which goes beyond mere documentation. Witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community may be crucial.
For out-of-state common-law marriages, you can ask a Pennsylvania court to determine if your marriage is valid under the laws of the state where it was established. The Social Security Administration (SSA) also acknowledges all common-law marriages established in states that recognize them. To prove the existence of a common-law marriage to the SSA, each spouse must provide a statement affirming the marriage, along with statements from blood relatives of both spouses.
It is important to note that simply living together, having children together, or owning property together does not constitute a common-law marriage. The formation of such a marriage requires an exchange of words or vows with the clear intention to establish the legal relationship of husband and wife.
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Proving a common-law marriage
In Pennsylvania, a couple may claim to be married under common law if there is 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. This exchange of words must have occurred before January 1, 2005, after which Pennsylvania no longer recognized new common-law marriages.
However, proving a common-law marriage is not easy, even if the relationship was established before 2005 or in a state that still recognizes such marriages. The help of a family law attorney is often necessary to gather the right evidence to convince a judge. The rules for proving a common-law marriage vary from state to state, so the attorney must be licensed in the relevant state.
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 own 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 blood relatives of the deceased spouse. In the case of both spouses being deceased, the person applying for benefits must provide a statement from one blood relative of each spouse. These statements must be submitted on special forms: "Statement Regarding Marriage" or "Statement of Marital Relationship", available at Social Security offices and on the Social Security Administration's website.
Other types of evidence that can help prove a common-law marriage include:
- Documents showing cohabitation, such as jointly signed leases or mortgages
- Testimony from friends and community members who considered the couple married
- Proof that one or both spouses designated the other as a beneficiary on life insurance policies, retirement plans, or joint credit applications
- Certified statements showing that the couple held themselves out as married
Once a Pennsylvania court recognizes a common-law marriage as valid, 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 claim Social Security and employment benefits, such as pensions. Terminating a common-law marriage requires a legal divorce from a court of competent jurisdiction.
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Frequently asked questions
Pennsylvania does not allow new common-law marriages as of January 2005. However, it recognizes common-law marriages that met the previous criteria before this date.
There must be clear and convincing evidence that the couple exchanged words in the present tense with the specific purpose of establishing a legal relationship as husband and wife. Living together, having children together, or owning property together does not prove a common-law marriage.
Once a Pennsylvania court recognizes a common-law marriage, couples have the same rights and responsibilities as any other married couple. This includes the right to inherit from a spouse's estate, obtain death benefits from insurance policies, and receive workers' compensation.
