Gavin Howe
Common-law marriage, also known as informal marriage, is a type of marital union that does not require legal formalities such as a marriage license or a religious or civil ceremony. While it is recognized in a few states, Minnesota is not one of them. The state abolished common-law marriage in 1941, and couples must obtain a marriage license and have a formal ceremony to be considered legally married. However, Minnesota does recognize common-law marriages that were legally established in other states. Cohabiting couples in Minnesota should be aware of the legal implications regarding property rights, taxes, child custody, and other issues, and may need to create legal documents to protect their interests.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Abolished common law marriage | 27 April 1941 |
| Recognition of common law marriages from other states | Yes |
| Recognition criteria | Lived together, combined finances, assets and debts, held themselves out as spouses |
| Rights of cohabiting couples | Not as comprehensive as married couples |
| Legal rights of cohabiting couples | Property rights, child custody and support, health care decisions, inheritance rights |
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What You'll Learn
Common law marriage is not recognised in Minnesota
Common law marriage is an old concept that still holds ground in many countries and several US states, but not in Minnesota. In common law marriage, the parties never actually go through the process of becoming married through the church or state, but reside together and hold themselves out to the rest of the world as a married couple. For states that recognise common law marriage, there is generally a minimum period of time that the parties must live this way before it is considered a “marriage”. Once a couple is deemed “married”, they must go through the court process to terminate the relationship.
In Minnesota, couples must obtain a marriage license and have a formal ceremony before they can be considered married. The state also requires couples to go through a waiting period after obtaining the license before they can get married. While Minnesota does not recognise common law marriage, it does recognise common law marriages that were legally created outside of the state.
The legal rights of cohabiting couples in Minnesota are not as comprehensive as those of married couples. To protect their legal rights, it is essential that cohabiting couples in Minnesota seek the advice of a family law attorney.
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Minnesota abolished common law marriage in 1941
Common-law marriage is a concept that still holds ground in many countries and several US states. It refers to a situation in which a couple is considered legally married simply because they live together for a long time and hold themselves out as married, despite not following the legal procedures for marriage under state law.
In Minnesota, common law marriage laws were abolished in 1941. This means that couples living in Minnesota who are not legally married do not have the same rights and privileges as those who are legally married. If you have cohabited with someone and your relationship terminates, it is important to speak with an experienced family law attorney to make sure your rights are protected.
However, Minnesota will recognize a common-law marriage if the couple was married under common law in one of the states that still recognize it and have subsequently moved to Minnesota. As of 2021, only a handful of states in the US recognize common-law marriages, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
It is important to note that even though Minnesota abolished common-law marriage, couples who have been in a long-term relationship but never officially married still have certain rights. For example, if the couple has children together, they have custodial rights and can collect child support regardless of their marital status.
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Common law marriages created outside Minnesota are recognised
Common-law marriages are not recognised in Minnesota. However, if a couple has a valid common-law marriage in a state that recognises such a union and then relocates to Minnesota, Minnesota courts will recognise their marriage.
Common-law marriage is an old concept that still holds ground in many countries and some US states, but not in Minnesota. In common-law marriage, the couple resides together and holds themselves out to the world as a married couple, without going through the legal process of marriage. For states that recognise common-law marriage, there is generally a minimum period that the couple must live together before it is considered a "marriage". Once a couple is deemed "married", they must go through the court process to terminate the relationship.
In states that recognise common-law marriage, the couple has the full rights of spouses in a legal marriage. This means they enjoy all the rights and benefits of marriage, including inheritance rights, other estate planning benefits, and the duty to support each other and protect marital property.
To be in a common-law marriage, a couple must live together for a set number of years with the intention of being a married couple. They must "hold themselves forth" as married to others, meaning they inform people they are married. Some conduct that demonstrates this intention includes presenting themselves to family, friends, and the community as a married couple, and using words like "husband", "wife", or "spouse" when referring to each other.
If a couple had a valid common-law marriage and then separates, they will need to get divorced under the same laws that apply to ending legal marriages in Minnesota. A common-law spouse is entitled to the same rights as any legal spouse in a divorce proceeding.
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Cohabiting couples in Minnesota have fewer legal rights
Minnesota does not recognize common-law marriages. Common-law marriage is an old concept that still holds ground in many countries and a handful of US states, but not in Minnesota. In states that do recognize common-law marriage, there is generally a minimum period that couples must reside together and hold themselves out as a married couple before it is considered a "marriage" by the state.
For a marriage to be valid in Minnesota, there must be a license issued by a governmental agency, solemnization of the marriage in the presence of witnesses, and a marriage certificate filed with the appropriate government entity. Without this, there is no right to the assets or earnings of the person you are cohabiting with unless a properly executed cohabitation agreement is made.
A cohabitation agreement is a contract between a man and a woman who are living together or about to live together out of wedlock. It is enforceable concerning property and financial relations, but only if the contract is written and signed by both parties. This agreement will outline what will happen to joint possessions if the couple separates or if one of them passes away. Without such an agreement, there are still ways to protect a cohabiting party in the event of the other's death, such as provisions in a will or other validly executed legal instruments.
It is important to note that even with a cohabitation agreement, there may be unintended consequences if the relationship ends. For example, if one party pays for the mortgage on a homestead in their name alone, and the other party pays all the bills, at the end of the relationship, the person who paid the bills has nothing to show for it, while the person who paid the mortgage has equity in the homestead. This creates an "inequitable" result but is the current requirement under Minnesota law without a properly executed cohabitation agreement.
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Consult a family law attorney to understand your rights
Minnesota does not recognize common-law marriages. However, if you have resided in a state that does, the courts in Minnesota will take it into consideration.
If you are confused about the status of common-law marriage in Minnesota, it is best to consult a family law attorney to understand your rights. They can help you navigate the marriage formation requirements in Minnesota.
Cohabiting can have significant legal implications, such as property rights, taxes, and other issues. For instance, if you own property or have children with your partner, it is essential to have appropriate legal documents in place to protect your interests. When a married couple divorces or separates, they have legal rights to the property acquired during the marriage. However, if a couple is not married, they do not have the same legal protections. In Minnesota, property is divided according to the laws of equitable distribution, where the court will try to divide the property in a fair and just manner.
Additionally, if you have been in a long-term relationship but never officially married your partner, a family law attorney can help you understand your rights and address issues such as child custody and support, health care decisions, and inheritance rights. They can advise you on creating legal documents such as a power of attorney, health care proxy, or will to ensure your wishes are respected.
While librarians can suggest resources, they cannot give legal advice or opinions on how statutes may apply to your specific situation. Therefore, consulting a family law attorney is crucial to understanding your unique rights and obligations in Minnesota.
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Frequently asked questions
No, Minnesota does not recognize common-law marriage. Common-law marriage is a type of marital union that is recognized by some states in the US, where the couple is considered married without obtaining a valid marriage license. However, Minnesota abolished common-law marriage in 1941.
Couples who are not legally married in Minnesota do not have the same rights and privileges as those who are. For example, cohabiting couples in Minnesota may face legal issues regarding property rights, taxes, child custody, and inheritance rights.
While Minnesota does not recognize common-law marriage, it does recognize common-law marriages that were legally created outside of the state. Couples residing in Minnesota who wish to have their relationship recognized as a common-law marriage may need to establish residency in a state that recognizes it and meet the requirements of that state.
