Anaya Nolan
Common-law marriage is a union where a couple lives together for a period and holds themselves out to friends, family, and the community as being married, but without ever going through a formal ceremony or obtaining a marriage license. Florida has a unique status when it comes to common-law marriages. As of January 1, 1968, Florida no longer recognizes new common-law marriages. However, it does recognize common-law marriages formed in other states, as well as those established within the state before 1968. To prove a common-law marriage in Florida, couples must provide evidence of cohabitation, intent to be married, and presentation as a married couple. This can include affidavits, property deeds, bank statements, loan documents, and other official forms.
| Characteristics | Values |
|---|---|
| Common law marriages recognized by Florida | Common law marriages formed before 1st January 1968 |
| Common law marriages not recognized by Florida | Common law marriages formed after 1st January 1968 |
| Recognition of common law marriages from other states | Recognized, if the couple can provide evidence of cohabitation, intention to be married, and presentation as a married couple in the other state |
| Documents to prove common law marriage | Affidavits, deeds showing joint property ownership, bank statements, loan documents, leases, mortgages, credit card accounts, church records, etc. |
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What You'll Learn
Proving cohabitation
Since 1968, Florida has not recognized new common-law marriages within the state. However, it does recognize common-law marriages that were established in other states before 1968.
To prove cohabitation in a common-law marriage, you must provide evidence of living together and holding yourselves out as a married couple to friends, family, and the community. This can include:
- Deeds showing joint ownership of property
- Bank statements and checks showing joint ownership of accounts
- Loan documents, leases, mortgages, and promissory notes showing joint financial obligations
- Credit card accounts in both names
- Church records indicating familial status, membership information, or baptismal certificates of spouses' children
- Affidavits from friends and family who are familiar with the relationship and can attest to the couple's intention to be married
It is important to note that the burden of proof lies with the couple to establish the validity of their union under the laws of the respective state where the common-law marriage was formed.
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Intention to be married
Florida does not recognize common-law marriages formed after January 1, 1968. However, it does recognize common-law marriages formed before this date.
If a couple has legally established a common-law marriage in a state where it is recognized, Florida will honor that marriage. To have an out-of-state common-law marriage recognized in Florida, the couple must provide evidence of their intention to be married, along with other requirements.
- Affidavits: Personal affidavits are written statements in which you swear under oath that you and your partner are married. They can include the date and location where both parties mutually agreed to become spouses.
- Friend and family affidavits: Affidavits from friends and family who are familiar with the relationship and can attest to the couple's intention to be married.
- Deeds and bank statements: Documents showing joint ownership of property or bank accounts can indicate a mutual agreement to be married.
- Loan documents and mortgages: Joint financial obligations demonstrated through loan applications, leases, mortgages, or promissory notes can also show intention.
- Credit card accounts: Having joint credit card accounts can further support the claim of a mutual agreement to be married.
- Church records: Documents such as membership information or baptismal certificates of children can indicate a couple's intention to be married.
It is important to note that the burden of proof lies with the couple to establish the validity of their union under the laws of the respective state where the common-law marriage was formed. Each state may have specific requirements for recognizing common-law marriages, so it is advisable to consult with a knowledgeable attorney for specific legal advice.
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Public acknowledgment as a married couple
Florida has not recognized new common-law marriages since January 1, 1968. However, common-law marriages established before this date are still valid. If you are in a common-law marriage from before 1968, here is some information on public acknowledgment as a married couple.
Personal affidavits are written statements in which you swear under oath that you and your partner are married. In your personal affidavit, you should include the date and location where you and your partner mutually agreed to become spouses, as well as any other details that will help show a spousal relationship, such as previous marriages and their dates of divorce or annulment.
Friend and family affidavits are statements from people who know you and your partner and are familiar with your relationship. These can be helpful to prove your common-law marriage, as they can attest to your mutual agreement to be married and your public acknowledgment as a married couple.
In addition to affidavits, you can use other documents to prove your public acknowledgment as a married couple. These documents can include tax filings, insurance documents, church records, and other official forms. It is important to demonstrate consistency in your marital status claims across these various contexts. For example, filing joint tax returns or listing each other as spouses on insurance policies can be evidence of your public acknowledgment as a married couple.
Overall, to prove public acknowledgment as a married couple in a common-law marriage in Florida, you and your partner must be able to show that you have mutually agreed to be married and that you have presented yourselves as such to your community. This can be done through a combination of personal and friend/family affidavits, as well as other official documents that demonstrate your consistency in claiming a marital relationship.
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Evidence of joint finances
Since 1968, Florida has not recognized new common-law marriages within the state. However, it does recognize common-law marriages that were established in other states before 1968.
If you have a valid common-law marriage from another state, you must provide evidence of cohabitation, intention to be married, and presentation as a married couple in that state. This evidence can include various documents demonstrating joint finances, such as:
- Bank statements and checks showing joint ownership of accounts
- Loan documents, leases, mortgages, and promissory notes indicating joint financial obligations
- Credit card accounts in both spouses' names
- Deeds showing title to property held jointly
These documents can be essential in proving your common-law marriage and ensuring that you and your partner have the same rights as any other legally married couple in Florida. It is always recommended to consult with a knowledgeable attorney to understand your specific legal rights and requirements.
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Affidavits from friends and family
Florida has unique criteria for recognizing common-law marriages. As of 2021, the state does not recognize common-law marriages established within Florida after January 1, 1968. However, Florida must acknowledge common-law marriages from other states that recognize such unions.
To prove a common-law marriage in Florida, you may need affidavits from friends and family members who can attest to your relationship. These affidavits should include:
- How the person knows you (friend, family, coworker, etc.)
- The length of time you and your spouse have lived together
- Whether there was a public announcement of your marriage (e.g., save-the-date, wedding invitation, social media post)
These affidavits can provide evidence of your cohabitation and presentation as a married couple, which are critical components of common-law marriage recognition in Florida.
Additionally, you may be required to submit personal and financial affidavits. These affidavits provide a detailed overview of your relationship history, living arrangements, financial arrangements, and mutual commitments. They offer insight into the nature of your relationship and can be powerful tools in proving your common-law marriage.
While affidavits from friends and family are essential, they may not be sufficient on their own. You may also need to provide other forms of evidence, such as tax filings, insurance documents, and other official forms that demonstrate consistency in your marital status claims.
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Frequently asked questions
No, Florida does not recognize common-law marriages established within the state after January 1, 1968. However, it does recognize common-law marriages that were formed in other states before this date.
To have an out-of-state common-law marriage recognized in Florida, couples must provide evidence of cohabitation, intention to be married, and presentation as a married couple in a state where common-law marriage is legal. This can include affidavits, deeds showing joint ownership of property, bank statements, loan documents, leases, mortgages, credit card accounts, and church records.
Couples in a common-law marriage recognized by Florida have the same rights as any other legally married couple in the state, including health insurance and inheritance rights. However, without legal recognition, couples may face challenges regarding property division, spousal support, and estate and inheritance rights.
