Cecily Zamora
Michigan's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals. However, when it comes to common-law marriages, Michigan does not legally recognize them under its own law. While common-law marriages were recognized in Michigan in the past, they were abolished by newly written statutes in 1957. Today, couples in Michigan must obtain a marriage license and have some form of wedding ceremony to be considered legally married. Unmarried couples in Michigan do not have the same rights as married couples, but they can take steps to protect their rights through cohabitation agreements.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Not recognized, except for those that occurred in another jurisdiction |
| Requirements for common-law marriage | Lived together with the agreement that they are married since 31 December 1956 |
| Rights of common-law couples | Certain rights, such as cohabitation agreements, are allowed |
| Tort of invasion of privacy | Recognized |
| Tort of defamation | Recognized |
| Intentional infliction of emotional distress | Recognized |
| Breach of contract/promissory estoppel claims | Recognized |
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What You'll Learn
- Common-law marriages in Michigan are not recognised
- Michigan respects common-law marriages from other jurisdictions
- Common-law marriages are considered legal marriages for federal income tax purposes
- Couples can protect their rights with a cohabitation agreement
- Common-law marriage was recognised in Michigan before 1957
Common-law marriages in Michigan are not recognised
In Michigan, common-law marriages are not recognised. The state does not treat cohabiting couples as married, and they do not have the same rights as married couples. However, there are steps that unmarried couples can take to protect their rights in the event of a breakup, such as drafting a cohabitation agreement, which is similar to a premarital agreement. This can outline what each person will receive in terms of property division.
Historically, common-law marriages were recognised in Michigan. Under the old law, if a couple presented themselves as married, they would be treated as such by the law. However, in 1957, newly written Michigan statutes abolished common-law marriage, and now a couple must obtain a marriage license and have some form of wedding ceremony for their marriage to be recognised.
Michigan courts may consider the legality of a common-law marriage from another state if the couple moves to Michigan. However, certain requirements must be met, such as the partnership originating in a state with clearly defined common-law marriage requirements and a date when the common-law marriage was officially recognised.
While Michigan does not recognise common-law marriages within the state, it will respect a common-law marriage that occurred in another jurisdiction. This is due to the 'full, faith, and credit' clause of the United States Constitution.
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Michigan respects common-law marriages from other jurisdictions
Common-law marriages are not recognized in Michigan. However, Michigan will respect a common-law marriage that occurred in another jurisdiction. This means that if a couple with a common-law marriage from another state moves to Michigan, they will still be considered legally married for federal tax filing purposes.
A Michigan court may consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws. The factors considered include:
- The two individuals cohabited in a jurisdiction that recognizes common-law marriages.
- The other state has established clear common-law marriage requirements.
- The date of declaring the specific type of common-law marriage can be determined by the Michigan court.
Michigan does not grant any special rights to cohabiting couples, regardless of the length of their relationship. However, unmarried couples in Michigan can protect their rights through a cohabitation agreement, which is similar to a premarital agreement. This agreement outlines what each person will receive in property division if the couple breaks up. It's important to note that cohabitation agreements cannot include provisions for child custody and child support.
While Michigan does not recognize common-law marriages within the state, it will continue to recognize common-law marriages that are valid in other states that still uphold them due to the 'full, faith, and credit' clause of the United States Constitution.
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Common-law marriages are considered legal marriages for federal income tax purposes
Michigan does not legally recognise common-law marriages. However, it will respect a common-law marriage that occurred legally in another jurisdiction. For example, if a couple has a valid common-law marriage in Texas, they would still be considered legally married if they moved to Michigan. This is due to the 'full, faith, and credit' clause of the United States Constitution.
Unmarried couples living together in Michigan are not treated like married couples by the state. However, there are steps couples can take to protect their rights in the event of a break-up, such as drafting a cohabitation agreement. This is similar to a premarital agreement and can outline what each person will receive in property division.
It is important to note that the recognition of common-law marriages for tax purposes has been based on the legal definition of marriage as a union between one man and one woman. This has been challenged by the legalisation of same-sex marriage in some states. The Defense of Marriage Act, enacted in 1996, defines marriage as a "legal union between one man and one woman". As a result, same-sex couples who are married under state law may not be considered married for federal tax purposes.
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Couples can protect their rights with a cohabitation agreement
In Michigan, common-law marriages are not recognized. However, the state does allow certain rights to common-law couples and will respect such marriages performed in other jurisdictions.
Unmarried couples living together in Michigan do not have the same legal protections as married couples, especially regarding property acquired during their relationship. To protect their rights, couples can enter into a cohabitation agreement, which is similar to a premarital agreement. This agreement can be made at any time before or during cohabitation and can outline what each person will receive in the event of a breakup.
A cohabitation agreement can include any number of assets, such as items brought into the household by each individual, as well as jointly-owned assets like property, vehicles, investments, bank accounts, credit cards, and loans. It can also include provisions for support payments to ex-partners or the rights of the surviving partner. However, it should not include provisions for child custody, support, or visitation, as these are determined by a Michigan court.
By establishing a cohabitation agreement, couples can avoid confusion and expensive legal disputes, ensuring a faster and more efficient division of assets if their relationship ends. It is recommended that each party consults their own attorney when preparing such an agreement to ensure it is valid and enforceable.
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Common-law marriage was recognised in Michigan before 1957
However, in the 1950s, there was a cultural shift in the United States that emphasised the importance of marriage licenses. As a result, many states began to abolish common-law marriage, and Michigan followed suit in 1957. The state legislature passed a law, the Marriage Amendment Act, requiring couples to obtain a marriage license and have an official ceremony to be considered legally married.
Today, Michigan does not legally recognise common-law marriages within the state. However, it will respect common-law marriages that occurred in other jurisdictions, such as other states that still recognise this form of marriage. These include Utah, Colorado, Texas, New Hampshire, Kansas, Iowa, South Carolina, and Montana.
Unmarried couples in Michigan who wish to protect their rights can enter into a cohabitation agreement, which is similar to a premarital agreement. This contract outlines what will happen in the event of a breakup, including property division. However, it cannot include provisions for child custody and support, which are typically determined by other factors, such as the best interests of the child.
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Frequently asked questions
No, common-law marriage is not legal in Michigan. However, the state will recognize common-law marriages that occurred in other jurisdictions.
A common-law marriage is a legal union between two adults who have not purchased a marriage license or had an official marriage ceremony. This type of marriage is recognized in some states, where couples are afforded the rights of a married couple.
Unmarried couples in Michigan do not have the same legal rights as married couples. They may face challenges with asset division, housing issues, and child custody. However, they can protect their rights through a cohabitation agreement, which outlines how assets and property will be divided in the event of a separation.
