Kara Sears
Common-law marriage, also known as marriage without formalities or an informal marriage, is a way for a couple to marry without a marriage license or ceremony. Common-law marriage is currently recognized in a few states, including Texas and Colorado, and in the District of Columbia. To verify a common-law marriage, couples generally need to prove that they established their relationship in a state that recognized common-law marriages and that they intended for their relationship to be a marriage. This can be done through various documents, such as affidavits, property deeds, bank statements, and more.
| Characteristics | Values |
|---|---|
| Legal recognition | Common-law marriage is legally recognised in seven states and the District of Columbia. States that recognise common-law marriage include Texas, Colorado, and South Carolina (before July 24, 2019). |
| Legal rights | Couples in valid common-law marriages have the same legal rights and obligations as married couples. |
| Requirements | To prove a common-law marriage, couples generally need documents showing a long-term domestic partnership and mutual intention to be married. This can include affidavits, property deeds, bank statements, joint ownership records, and more. |
| State-specific rules | Each state has its own rules; for example, Texas requires proof of agreement to be married and live together as a married couple (cohabitation). |
| Time length | There is no requirement for a specific time length in a relationship to qualify for a common-law marriage. |
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What You'll Learn
Proving intention to be married
Common-law marriage is a legally recognised type of marriage in certain US states. It is a marriage that has not been solemnised in the ordinary way, i.e. there was no formal wedding ceremony, marriage license, or marriage certificate. However, it is just as legally valid and binding as a traditional marriage.
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 must have voluntarily entered into a long-term, committed, intimate relationship with the intention to take on the social and legal responsibilities of marriage.
- Affidavits or testimony in court from either or both partners swearing to the existence of the informal marriage, explaining the nature of the relationship, and describing actions that demonstrated the intention to be married (such as exchanging rings and celebrating anniversaries).
- Affidavits from friends, family, or neighbours explaining their knowledge of the relationship, living arrangements, and the couple's reputation in the community as a married couple, including whether they participated in community activities as a family and referred to each other as "husband", "wife", or "spouse".
- Financial statements from any joint bank or credit accounts, school records, birth certificates, or religious records like baptismal certificates that list both partners as the child's parents, and documents showing that either partner or their children assumed the other partner's last name.
- Official records, like a driver’s license or Social Security card, that show one partner has taken the other’s surname can help prove their intentions to marry.
- Evidence of a ceremony that turned out to be invalid because the couple did not have a license to marry or the officiant was not licensed.
The exact evidence required to prove a common-law marriage will depend on the laws of the state in which the couple resides. It is important to consult with a knowledgeable family lawyer to understand the specific requirements and gather the necessary evidence to support the claim of a common-law marriage.
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State recognition of common-law marriage
Common-law marriage, also known as sui juris marriage, is a form of irregular marriage that is only recognised in a handful of US states and the District of Columbia. It is a type of legal union where a couple is recognised as married without a formal ceremony or marriage license.
The recognition of common-law marriage varies by state, and each state has its own rules and criteria for recognition. Some states that recognise common-law marriage include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. For example, in Colorado, a couple must demonstrate cohabitation, mutual agreement, and public representation as a married couple to be considered in a common-law marriage. In Iowa, a couple must show intent to marry, continuous cohabitation, and public declaration.
It is important to note that common-law marriage has fallen out of favour in the United States, and most states no longer allow it. Some states have abolished common-law marriage but still recognise marriages that began before a certain date or for a specific purpose. For example, South Carolina recognises common-law marriages established before July 24, 2019, but not after.
To prove a common-law marriage, couples generally need to provide documentation showing a long-term domestic partnership. This can include affidavits, property deeds, bank statements, loan documents, leases, mortgages, credit card accounts, and other types of documentation.
If a couple moves to a state that does not recognise common-law marriage, they may face challenges in proving their marital status for matters such as inheritance or spousal rights. In such cases, legal consultation is crucial to navigate the complexities and preserve their legal rights.
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Documents proving cohabitation
The documents required to prove cohabitation for a common-law marriage vary depending on the state or country. Here are some general examples of documents that may be used to prove cohabitation:
- Deeds to property or rental agreements held jointly or showing the same address.
- Utility bills such as electricity, gas, telephone, or internet in both partners' names.
- Bank statements and cheques showing joint ownership of accounts.
- Loan documents, leases, mortgages, and promissory notes demonstrating joint financial obligations.
- Credit card statements in both partners' names.
- Driver's licenses or ID cards with the same address.
- Church records indicating familial status or membership information.
- Long-form birth certificates listing the names of both parents if the couple has children.
- Documents showing a name change to match the partner's name.
- Affidavits from the couple declaring their intention to be married and from friends and family attesting to the relationship.
In addition to these documents, it is important to demonstrate a genuine and lasting commitment to the relationship. This can include providing evidence of consistent contact through messages, calls, and pictures, as well as proof of shared financial responsibilities and expenses.
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Affidavits from friends and family
An affidavit is a written statement in which the writer swears under oath that the statement is true. Affidavits from friends and family can be used to prove that a couple has a genuine, bona fide marriage. The affiant (the person writing the affidavit) should be a close confidant who is very familiar with the couple's life together. They should include in their affidavit:
- How they know the couple (e.g. friend, family, co-worker)
- The length of time the couple has lived together
- Whether there was a public announcement of the marriage (e.g. save-the-date, wedding invitation, social media post)
- Whether friends, neighbors, and family consider the couple to be married
- Any documents that show one spouse has assumed the surname of their common-law spouse
- Any other details that will help show a spousal relationship
In addition to affidavits, other documents can be used to prove a common-law marriage, including property deeds, bank statements, loan documents, leases, mortgages, credit card accounts, and church records.
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Other documents: property deeds, bank statements, etc
Common-law marriage is an informal marriage without a marriage license or certificate. It is fully recognized in seven states and the District of Columbia in the US, with a few other states recognizing common-law marriages established before a certain date. If your state does not recognize common-law marriage, you may still be able to establish one if you previously lived in a common-law state and can provide written documentation as proof.
To prove a common-law marriage, you will generally need documents that show a long-term domestic partnership. This includes documents like property deeds, bank statements, and other financial records. Here are some specific examples of documents that can be used to establish a common-law marriage:
- Property deeds showing joint ownership of real estate
- Bank statements and checks showing joint ownership of financial accounts
- Loan documents, leases, mortgages, and promissory notes that demonstrate joint financial obligations
- Credit card accounts in both spouses' names
- Other financial records, such as investment or retirement accounts held jointly
In addition to these financial documents, you may also need to provide other types of evidence, such as affidavits, birth certificates, driver's licenses, or social security records, to prove your common-law marriage. It is important to note that each state with common-law marriage recognition has its own rules, so be sure to review the specific requirements for your state.
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Frequently asked questions
A common-law marriage is an informal marriage without a marriage license or ceremony. Couples in valid common-law marriages generally have the same legal rights and obligations as any other married couple.
Common-law marriage is fully recognized in seven states and the District of Columbia. These include Colorado, Texas, and South Carolina. However, some states only recognize common-law marriages established before a certain date.
The requirements for a common-law marriage vary by state. Generally, you need to prove that you established a marriage relationship while living in a state that recognized common-law marriages. Both parties must intend to live as a married couple and hold themselves out in public as a married couple.
Documents that show a long-term domestic partnership, such as lease agreements, tax returns, insurance policies, bank statements, deeds showing joint ownership of property, and affidavits from friends and family familiar with the relationship.
Yes, if you are separating from your partner and want a divorce, you will need to prove your common-law marriage to divide property or award alimony. However, if there is a dispute about the existence of the common-law marriage, you may need to go to court to prove the marriage.
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