Kara Sears
Common-law marriage is a legally recognized marriage between two people who haven't purchased a marriage license or engaged in a ceremony. Common-law marriage is permitted in several U.S. states, but the laws and requirements vary from state to state. To establish a common-law marriage, couples generally need to prove that they meet the legal requirements, such as having the intention to be married, holding themselves out to the public as a married couple, and cohabiting. If a couple wants to take advantage of the legal benefits of marriage, they must prove their common-law marriage exists. This can be done through various documents, such as affidavits, property deeds, and other forms of evidence.
| Characteristics | Values |
|---|---|
| Number of States Recognizing Common Law Marriage | 7 or 9 or 15 |
| States Recognizing Common Law Marriage | Colorado, Kansas, Oklahoma, Texas, Pennsylvania, South Carolina, District of Columbia, and possibly Utah |
| Requirements | Both partners must intend to live as a married couple, live together, and hold themselves out to the public as a married couple |
| Documents Required | Affidavit, property deed, joint bank accounts/credit cards, joint tax returns, joint ownership of property, will referring to partner as spouse, exchanging rings, etc. |
| Age | Both partners must be 18 or older |
| Previous Marriages | Neither partner should be married to another person |
| Relation | Partners should not be related to each other |
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What You'll Learn
Mutual agreement to be married
To demonstrate mutual agreement, it is essential to show that both partners have consistently and unwaveringly represented themselves as a married couple to their family, friends, and the wider community. This means consistently introducing each other as husband and wife and behaving in a manner that reflects a marital relationship.
While there is no specified timeframe for the common-law marriage to take effect, cohabitation is generally required. This means living together in the same manner as a married couple would, voluntarily sharing a home, and potentially sharing financial responsibilities, such as joint bank accounts or credit cards.
It is worth noting that simply living together or sharing financial responsibilities may not be sufficient. The key lies in the mutual consent and intention to be recognised as a married couple by society. This intention must be evident in the way the couple conducts their relationship and presents themselves to others.
Additionally, the recognition of common-law marriage varies depending on the state or country. While some states in the US and countries like Australia may not recognise it, others may require specific criteria to be met or may only acknowledge common-law marriages established before a certain date. Therefore, it is important to understand the legal requirements of the specific state or country in which the common-law marriage is being established.
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Intention to live as a married couple
Common-law marriage is an informal marriage without a marriage license or certificate. It is fully recognised in seven states and the District of Columbia, and some states that do not recognise common-law marriages cannot deny those performed in other states.
For a common-law marriage to be valid, both partners must intend to live as a married couple during their relationship. This means that both partners have voluntarily entered into a long-term, committed, intimate relationship with the intention to take on the social and legal responsibilities of marriage.
To establish this intention, both partners must "hold themselves out" to the public as a married couple. This means consistently presenting as a married couple to family, friends, and members of the community. For example, introducing each other as spouses, referring to each other as husband or wife, and behaving as a married couple in public.
In addition to intention, there are other requirements for a common-law marriage to be valid. Both partners must have the legal capacity to marry, which usually means being at least 18 years old, of sound mind, and not already married to other people. The couple must also live together (cohabitate) consistently during the marriage, although there is no statutory requirement for the length of time. The longer the couple lives together, the stronger their case for common-law marriage.
To prove a common-law marriage, certain legal documents may be required, such as affidavits, property deeds, or other documentation showing proof of cohabitation and intention to be married.
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Cohabitation
In most cases, there is no minimum duration for cohabitation required to establish a common-law marriage. For example, in Colorado, there is no clear-cut time frame required by courts, but rather the requirement is to live together long enough to prove the other elements of a common-law marriage. Similarly, in Texas, there is no rule about living together for a specific period, such as seven years, and each case is evaluated based on its unique circumstances.
However, some sources suggest that living together for a consistent period, such as seven or ten years, can strengthen the claim of a common-law marriage. Additionally, it is important to note that simply living together may not be sufficient, as the couple must also present themselves as spouses, not just roommates, to the public and in their community.
To prove cohabitation and the existence of a common-law marriage, various documents can be used, such as affidavits, property deeds, joint bank accounts or credit cards, joint tax returns, joint ownership of property, and registering as spouses on applications or contracts. These documents can provide evidence of a couple's intention to live as a married couple and their representation as such to the public.
It is important to seek legal advice from a family law attorney or a legal professional in your specific state to understand the exact requirements and process for establishing a common-law marriage through cohabitation.
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State recognition
Currently, only a handful of states and the District of Columbia fully recognise common-law marriages. These states include Colorado, Kansas, Pennsylvania, Texas, and Utah. However, the number of states recognising common-law marriage has been decreasing over time, with some states, like Massachusetts, ending the practice as early as 1646, and others, like South Carolina, more recently in 2019.
The requirements for establishing a common-law marriage vary by state. In general, there are several key elements that are necessary for a valid common-law marriage. Firstly, both parties must have the intention to be married and enter into the relationship voluntarily, with the social and legal understanding of a married couple. Secondly, there must be a public declaration or representation of the marriage. This includes introducing themselves as a married couple to friends, family, neighbours, and the wider community. Thirdly, there must be cohabitation, or living together, for a consistent period, although there is no specific time requirement.
To prove a common-law marriage, couples may need to provide various documents, such as affidavits, property deeds, joint bank accounts, tax returns, or other evidence of their mutual agreement to be married. Additionally, if a couple previously lived in a state that recognised common-law marriage, they may still be able to establish their marriage even if they move to a state that does not recognise it.
It is important to note that the laws and requirements for common-law marriage can vary significantly across states, and some states may have additional or different criteria. Therefore, seeking legal advice from a family law attorney or consulting state-specific resources is essential to understanding the requirements in your specific state.
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Proving common-law marriage
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way to marry in some U.S. states. While the number of states recognizing common-law marriage is dwindling, it is currently recognized in seven states and the District of Columbia. Each state has its own rules for establishing a common-law marriage, and same-sex couples have the same legal right as opposite-sex couples to establish one.
To prove a common-law marriage, couples generally need to satisfy the same general marriage requirements as other marriages in their state, such as being at least 18 years old and having the mental capacity to understand the commitment and consequences of marriage. They must also prove that they are not already married to anyone else and that their state recognizes their relationship as a legitimate common-law marriage.
Additionally, couples may need to provide evidence of a mutual and open assumption of a marital relationship. This can include documents such as lease agreements, tax returns, insurance policies, property deeds, or an affidavit. An affidavit is a written statement sworn under oath, and it can be personal or provided by friends and family who are familiar with the relationship.
In Texas, couples can register their common-law marriage with the county clerk by signing a Declaration of Informal Marriage. If no declaration was filed and there is a dispute about the existence of a common-law marriage, it may be necessary to go to court. Texas law places a two-year statute of limitations on these proceedings, and after two years of separation, the law presumes that a couple never intended to be married.
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Frequently asked questions
A common-law marriage is a legally recognised marriage between two people who haven't purchased a marriage license or engaged in a ceremony officiated by a licensed marriage officiant. Common-law marriages are only recognised in a handful of US states.
The requirements vary from state to state, but generally, both partners must intend to live as a married couple, hold themselves out to the public as a married couple, and live together (cohabitate) for a consistent period.
Again, this depends on the state, but common documents include affidavits, property deeds, joint bank accounts/credit cards, joint tax returns, wills, and marriage declarations.
