Kara Sears
Common-law marriage is a type of union that occurs once several requirements are met between two individuals residing in a state that recognizes common-law marriage. While common-law marriage is not available under Massachusetts law, a common-law marriage must be recognized by the state if two individuals from another state move to Massachusetts. Couples who are interested in common-law marriage have two options in the state of Massachusetts: getting married or applying for domestic partnership. Massachusetts is required to acknowledge common-law marriages that have happened in the eight states that allow them, and the Commonwealth must treat these marriages like a full-fledged, legally binding marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage from other states recognized | Yes |
| Cohabitation agreement | Yes |
| Domestic partnership | Yes |
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What You'll Learn
Massachusetts does not recognize common-law marriage
Common-law marriage is not recognized in Massachusetts. The state does not consider couples spouses without a marriage certificate. However, Massachusetts does recognize common-law marriages from other states. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires Massachusetts to acknowledge common-law marriages from the eight states that allow them.
Common-law marriage is a type of union that occurs when certain requirements are met between two individuals residing in a state that recognizes such marriages. Common-law marriages lack the formalities of traditional marriages, such as licenses or formal ceremonies. Instead, they are typically based on the couple's intention to enter into a husband-wife relationship and their conduct in the community. For example, referring to each other as husband and wife in public.
Domestic Partnerships in Massachusetts
While Massachusetts does not recognize common-law marriage, it does offer domestic partnerships. Domestic partnerships can provide certain benefits associated with marriage, such as shared healthcare coverage and hospital visitation rights. To be considered domestic partners, couples must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family.
Protecting Yourself in a Common-Law Marriage in Massachusetts
If you are in a common-law marriage and move to Massachusetts, it is important to be aware of the challenges you may face. While Massachusetts recognizes common-law marriages from other states, proving this to a judge can be difficult. It is recommended to work with an experienced attorney who can help explain the laws of your previous state of residence and guide you through any legal proceedings, such as divorce.
Cohabitation Agreements
For couples who live together but are not married or in a domestic partnership, a cohabitation agreement can provide some protections. A cohabitation agreement is a contract made by unmarried individuals who live together or plan to live together to define their relationship. It can address finances, property rights, and protections for children. However, it is important to note that Massachusetts does not recognize any rights for unmarried couples who cohabit, so a legal contract is necessary to outline these protections.
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Common-law marriage in other states
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that only a handful of states recognize. These include Alabama, Colorado, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania, where common-law marriage is recognized either fully or to a limited extent. For instance, Alabama, Georgia, Idaho, Ohio, and Pennsylvania have placed a date restriction on recognizing common-law marriages.
Common-law marriage is also recognized in the District of Columbia and by some provisions of military law. Additionally, two states, Rhode Island and New Hampshire, recognize common-law marriage for limited purposes. Rhode Island recognizes it by case law, while in New Hampshire, it is only recognized in the context of inheritance.
The criteria for a common-law marriage typically include the couple's intention to enter into a husband-wife relationship and their conduct leading the community to believe they are married. However, the specific requirements vary across the states that recognize it. For example, Texas recognizes common-law marriage if the couple lives together as husband and wife and represents themselves as married within the state.
While Massachusetts does not recognize common-law marriage, it must acknowledge common-law marriages from other states due to the Full Faith and Credit Clause of the United States Constitution. This clause mandates that states respect the laws of other states, including recognizing valid out-of-state marriages. Therefore, if a couple qualifies for common-law marriage status in another state before moving to Massachusetts, they will be legally considered spouses in Massachusetts.
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Divorce and common-law marriage
Common-law marriage is not recognized in Massachusetts. However, under the Full Faith and Credit Clause of the U.S. Constitution, Massachusetts must acknowledge common-law marriages that occurred in other states that recognize such unions.
Criteria for Common-Law Marriage
The criteria for a common-law marriage are:
- The couple must have seriously intended to enter into a husband-wife relationship.
- Their conduct must have led their community to believe they were married.
Divorce Proceedings
If a couple with a common-law marriage from a different state relocates to Massachusetts and then separates, they will have to go through a formal divorce proceeding.
Property Division
Massachusetts courts are required to consider the length of the marriage when dividing assets. If a spouse can show that the couple shared money and assets before the marriage during a lengthy premarital relationship, this can impact the judge’s decision.
Cohabitation Agreements
Cohabitation agreements are recommended for unmarried couples living together in Massachusetts. These contracts define the relationship and protect both parties in the event of a separation. They can address personal property and debt division, inheritance rights, and protections for children.
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Domestic partnerships
In Massachusetts, domestic partnerships are a legal alternative for unmarried couples who live together. While it is not the same as marriage, a domestic partnership can provide some legal benefits that married couples enjoy.
Benefits of Domestic Partnerships
- Health insurance: One partner can be covered under the other’s health insurance plan.
- Inheritance: Domestic partnerships may include inheritance rights, though this is not guaranteed and can vary by city.
- Custody: Domestic partnerships may include custody rights, though this is not guaranteed and can vary by city.
- Property rights: Domestic partnerships may include property rights, though this is not guaranteed and can vary by city.
Requirements for Domestic Partnerships
To be eligible for a domestic partnership in Massachusetts, individuals must be over the age of 18 and unmarried. To make a domestic partnership official, the relationship must be declared at a courthouse or government office. The process typically involves filling out a form, paying the required fees, and submitting the information to a nearby city hall. The fee for filing is typically $50, and there may be an additional $12 fee for a certified copy of the domestic partnership.
It is important to note that the specific requirements and benefits of domestic partnerships can vary by city in Massachusetts, so it is recommended to verify the requirements and benefits specific to your city by contacting your local city hall or seeking legal advice.
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Cohabitation agreements
In Massachusetts, common-law marriage is not recognised. However, the state does acknowledge common-law marriages that have occurred in other states.
A cohabitation agreement is a contract made by unmarried people who live together or plan to live together. It can address how finances will be managed if the couple remains healthy and employed, as well as if one party becomes incapacitated or unemployed. The agreement should also address the usage of real property and rights to that property if one party dies. This is particularly important if the couple purchases real estate together.
The agreement can also address personal property and debt division, as well as protections for children from other relationships or children of the cohabiting couple. It can also provide inheritance rights.
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