Kara Sears
Common-law marriage, a marriage considered legal without official paperwork or ceremony, is not recognized in Michigan. However, Michigan will recognize common-law marriages that occurred in other states, provided certain conditions are met. These include the couple having lived in a state that recognizes common-law marriage, meeting that state's requirements, and having cohabitated there. Michigan abolished common-law marriage in 1957, and since then, couples must obtain a marriage license and have an official ceremony to be considered legally married. Unmarried couples in Michigan can still establish legal protections through a cohabitation agreement.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages in Michigan | Common-law marriages are not recognized in Michigan, except for those that occurred in another jurisdiction. |
| Requirements for common-law marriage | Common-law marriage typically requires living together for a certain period, having the legal right to marry, and acknowledging each other as spouses. |
| Protection for unmarried couples | Unmarried couples in Michigan can protect their rights through cohabitation agreements, which outline property division in the event of a breakup. |
| Recognition of out-of-state common-law marriages | Michigan courts may recognize out-of-state common-law marriages if certain requirements are met, including cohabitation in a state that recognizes such marriages and compliance with that state's laws. |
| History of common-law marriage recognition in Michigan | Michigan recognized common-law marriages before 1957, when it abolished them by statute. |
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What You'll Learn
Common law marriages in Michigan before 1957
In Michigan, common-law marriages are not recognised under state law. However, if a couple entered into a common-law marriage in another state, Michigan will respect and recognise their marriage.
Common-law marriage is a term for a marriage that exists by agreement and cohabitation. It is a fundamental right that has existed since the first settlers of the United States. In 1838, Michigan passed a law stating that marriages could be solemnised by a justice of the peace or a minister of the gospel. However, the US Supreme Court ruled that this law did not require marriages to be validated by these officials, and common-law marriages were still valid.
In 1957, Michigan changed its law to require that marriages must result from a marriage license. After this date, common-law marriages were no longer recognised in the state. Any common-law marriages created before 1957 would still be considered valid and legal in Michigan. Therefore, if such a marriage ended, the couple would need to go through formal divorce proceedings.
Michigan courts may consider the validity of a common-law marriage originating in another state and apply Michigan divorce laws. The factors that must be met for a Michigan court to recognise an out-of-state common-law marriage include:
- The couple must have cohabited in a jurisdiction that recognises common-law marriages.
- The state must have established clear common-law marriage requirements.
- The date of declaring the common-law marriage must be determined by the Michigan court.
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Michigan's recognition of out-of-state common law marriages
Michigan does not recognise common-law marriages that originated in the state. In 1838, Michigan passed a law that allowed marriages to be solemnised by a justice of the peace or a minister, marking a move away from the recognition of common-law marriages. In 1957, Michigan changed its law to require that marriages must result from a marriage license.
However, Michigan does recognise common-law marriages that originated in other states. If a couple has established a common-law marriage in another state and then moves to Michigan, they are considered legally married in Michigan. Such couples must prepare a durable power of attorney and a medical power of attorney to be recognised as a legally married couple in Michigan.
Michigan is one of twenty-eight states that originally allowed common-law marriage but no longer recognises it. The other states that do not recognise common-law marriages are:
- Massachusetts
- Alabama
- Florida
- Mississippi
- South Carolina
- Pennsylvania
- Indiana
- Michigan
- Ohio
- Wisconsin
- Minnesota
- Iowa
- Oregon
The states that continue to legally recognise and allow common-law marriages are:
- Utah
- Colorado
- Texas
- New Hampshire
- Kansas
- Iowa
- South Carolina
- Montana
- Washington, D.C.
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Legal protections for unmarried couples in Michigan
As of July 2023, it is no longer illegal for unmarried couples to live together in Michigan. This follows the repeal of a 1931 law that criminalized cohabitation, with penalties including a $1,000 fine or up to a year in prison.
Michigan does not recognize common-law marriages. Common-law marriage is a term for a marriage that exists solely by agreement and cohabitation. Michigan abolished common-law marriage in 1957, and since then, couples must obtain a license and a wedding certificate to be considered officially married.
However, Michigan will recognize common-law marriages that occurred in other jurisdictions. For example, if a couple with a common-law marriage in a state that recognizes such unions moves to Michigan, they will still be considered legally married for federal tax filing purposes.
Unmarried couples in Michigan have few legal protections, and separation can present legal problems regarding property and assets. Any services provided during an unmarried relationship are presumed gratuitous, and there is no legally required remuneration. Additionally, any legal contracts signed under the pretense of a marital-like relationship are not enforceable.
Unmarried couples can protect their rights through a cohabitation agreement, which outlines what each person will receive in property division if the couple breaks up. However, these agreements cannot outline provisions for child custody and child support. Custody laws in Michigan for unmarried couples differ from those in many other states. Unless an unmarried father obtains a custody order, custodial rights are given to the mother by default, and the father must obtain the mother's consent for legal visitation rights.
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Common law marriage requirements in other states
Common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. Instead, they cohabit, behave, and speak as though they are married. Common-law marriage has been gradually abolished in Western nation states over the centuries.
In the US, only a handful of states have fully recognized common-law marriages, and a few others have limited recognition. Some states that recognize common-law marriage include:
- Utah
- Colorado
- Texas
- New Hampshire
- Kansas
- Iowa
- South Carolina
- Montana
- Washington, D.C.
States with limited common-law marriage recognition include Ohio. There are 13 states that have never permitted common-law marriages, and 28 that no longer permit them.
Even if a couple's common-law marriage is not recognized in their state, it may still be considered a legal marriage for federal income tax purposes. Additionally, in 2015, the U.S. Department of Labor extended leave rights under the 1993 Family Medical Leave Act to eligible employees in common-law marriages, regardless of the state in which they live or work.
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The history of common law marriage in Michigan
Common law marriage, or a marriage that exists by cohabitation, agreement, and by behaving as though a couple is married, was once recognized in Michigan. In 1838, Michigan passed a law that stated that marriages could be solemnized by any justice of the peace in the county in which he was chosen, or by any minister of the gospel who had been ordained. This law was an attempt to move away from recognizing common-law marriages. However, in 1877, the United States Supreme Court ruled that Michigan's 1838 law did not require marriages to be validated by a justice of the peace or a minister. Instead, the ruling stated that such solemnization was discretionary.
In the 1950s, there was a cultural shift in the United States that emphasized the importance of marriage licenses. As a result, many states began to abolish common-law marriage. In 1957, Michigan followed suit when the state legislature passed the Marriage Amendment Act, which abolished common-law marriage. Since then, couples in Michigan must obtain a marriage license and have an official ceremony to be considered legally married.
Despite this, Michigan will recognize common-law marriages that are valid in other states. This is due to the 'full, faith, and credit' clause of the United States Constitution. However, for Michigan to recognize these marriages, certain requirements must be met. These include the couple meeting the legal requirements for common-law marriage in their home state, and cohabitating with each other in that state.
Although Michigan does not recognize common-law marriages, there are ways for unmarried couples to protect their rights. This can be done through a cohabitation agreement, which is similar to a premarital agreement.
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Frequently asked questions
No, Michigan does not recognize common-law marriage. Since 1957, couples in Michigan have been required to obtain a marriage license and have an official ceremony to be considered legally married.
Michigan will recognize a common-law marriage that occurred in another jurisdiction, provided certain requirements are met. These include:
- The couple must have lived in cohabitation in a state that recognizes common-law marriage.
- The state from which the couple moved must have clearly defined common-law marriage requirements.
- There must be a date stating when the common-law marriage began or was recognized.
Unmarried couples in Michigan can establish legal protections through a cohabitation agreement, which is similar to a premarital agreement. This document outlines the rights and responsibilities of each partner in the event of a breakup, but it cannot outline provisions for child custody and child support.
Common-law marriage is a marriage that exists by agreement, cohabitation, and by behaving and speaking as though the couple was married. Simply living together is insufficient to establish a common-law marriage.
