Kara Sears
Common-law marriage is not recognized in the state of Minnesota, and this has been the case for over 80 years. However, Minnesota will recognize a common-law marriage if it was legally created in one of the few states that still recognize such unions. In this case, Minnesota's courts will consider the couple to have the same rights as a legally married couple, including the right to ask for spousal support.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Minnesota | No |
| Common law marriage abolished in Minnesota | 1941 |
| Common law marriage recognized if created in another state | Yes |
| Putative spouse status | Granted if cohabited with another in the good faith belief that they are married |
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What You'll Learn
Common law marriage in Minnesota abolished in 1941
In Minnesota, common law marriage was abolished in 1941. However, Minnesota courts will recognize a common law marriage if the couple was married under common law in one of the states that still recognize common law marriage and have since moved to Minnesota.
Common law marriage refers to a situation in which a couple is considered legally married simply because they have cohabitated for a long time and hold themselves out as if they are married, despite not having followed the legal procedures to be married under state law. In other words, a couple must live together for a set number of years with the intention of being a married couple and "hold themselves forth" as married to others, meaning they inform people they are married.
In states that recognize common-law marriage, the parties in a common-law marriage have the full rights of spouses in a legal marriage. This would mean that they would be entitled to an equitable share of the couple's marital property in the event of a divorce.
In Minnesota, a putative spouse is a person's legally recognized spouse, even though they are not legally married due to a procedural error, such as failing to get a marriage license. Under Minnesota's putative spouse statute, if a person has cohabitated with another in the good faith belief that they are married, the person will be considered a putative spouse and granted the same rights as a legal spouse, including the right to ask for spousal support from the other party. The putative spouse status lasts until it is discovered that the individual is not legally married, at which point the status is terminated, and additional rights cannot be acquired.
If a couple has cohabitated but was never married, and their relationship terminates, it is important to speak with an experienced family law attorney to make sure their rights are protected.
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Putative spouse status and rights
In Minnesota, common-law marriage laws were abolished in 1941. However, Minnesota courts will recognize a common-law marriage if the couple was married under common law in a state that recognizes such marriages and has subsequently moved to Minnesota.
A "putative spouse" is an individual who appears to be a legally valid spouse but is not due to a technical impediment, such as the failure to obtain a marriage license. In Minnesota, if an individual has cohabited with another in the good faith belief that they are married, they will be considered a putative spouse and granted the same rights as a legal spouse, including spousal support.
Putative spouse status lasts until it is discovered that the individual is not legally married, at which point the status is terminated, and additional rights cannot be acquired. For instance, if a couple owns property titled in both their names, they each have contractual rights in the property that can be enforced in general civil court. Furthermore, if the couple has children and breaks up, they will have rights as parents to seek custody and child support in family court.
It is important to note that in Minnesota, an unmarried couple has no rights to each other's property unless both parties sign a written contract. This is known as a cohabitation agreement, which outlines what will happen to joint possessions if the couple separates or if one partner passes away.
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Common law marriage recognition in other states
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of US states and the District of Columbia, along with some provisions of military law.
The term "common-law marriage" is often used colloquially to refer to cohabiting couples, regardless of the legal rights that these couples may or may not have. This has created public confusion regarding both the term and the legal rights of unmarried partners.
In the US, common-law marriage originated in the harsh conditions of colonial America, where there were relatively few clerics or civil officials to conduct ceremonial marriages. This need expanded as settlers moved into the sparsely populated regions of the West.
Today, common-law marriage is recognized in the following states: Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
Five states recognize common-law marriage, but only if they were formed before a certain date: Florida, Georgia, Indiana, Ohio, and Pennsylvania.
In states that recognize common-law marriage, couples have the full rights of spouses in a legal marriage. For example, they would be entitled to an equitable share of the couple's marital property in the event of a divorce.
Minnesota, however, does not recognize common-law marriage. Common-law marriage laws were abolished in the state back in 1941. Nevertheless, Minnesota courts will recognize a common-law marriage if the couple was married under common law in one of the states that recognize such marriages and have subsequently moved to Minnesota. In this case, the couple would be considered ''putative spouses'' under Minnesota law and granted the same rights as a legally married couple.
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Rights of unmarried cohabiting couples
In Minnesota, common-law marriage is not recognised. This means that cohabiting couples do not enjoy the same rights as married couples, particularly concerning property acquired during the relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships.
Unmarried cohabitants may consider estate planning and power of attorney in addition to having a non-marital agreement. A cohabitation agreement outlines what will happen to joint possessions if the couple separates or if one of them passes away. This agreement must be in writing, as a verbal agreement can be difficult to prove in court. It is beneficial to use Minnesota Cohabitation Forms to ensure the agreement complies with state laws and effectively addresses the couple's needs. The agreement should outline each party's financial contributions and property rights, as well as personal information and specific terms that fit the relationship.
Without a written agreement, joint possessions will likely be distributed according to who paid for what. This can become an issue if, for example, only one partner's name is on the title of a house. Even if both partners contribute to mortgage payments or invest money in renovations, if the title is not in their name, they are not entitled to any value from that asset if they separate.
There are other ways to protect a cohabiting party in the event of the other's death, such as provisions in a will or other validly executed legal instruments. However, these can be changed or modified at will and generally cannot be enforced if the person making the will changes their mind.
If an unmarried couple separates, they may have to file a separate case in family court about child custody.
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Legal issues of common law marriage
Common-law marriage refers to a situation in which a couple is considered legally married because they have cohabited for a long time and hold themselves out as married, despite not having followed the legal procedures for marriage under state law. In the US, common-law marriages are only recognised in a handful of states, and the requirements vary.
In Minnesota, common-law marriage laws were abolished in 1941. However, Minnesota courts will recognise a common-law marriage if the couple was legally married under common law in one of the states that recognise it and have since moved to Minnesota.
The term "putative spouse" refers to a person who appears to be legally married to their partner but is not due to a procedural error, such as failing to obtain a marriage license. Under Minnesota law, if a person has cohabited with another in the good faith belief that they are married, they will be considered a putative spouse and granted the same rights as a legal spouse, including the right to spousal support. This status lasts until it is discovered that the individual is not legally married, at which point the status is terminated, and additional rights cannot be acquired.
The recognition of common-law marriages can vary between jurisdictions, and it is important to note that simply cohabiting with someone does not automatically grant common-law marriage status. The length of cohabitation is considered on a case-by-case basis, and other factors, such as intent to be married and capacity to marry, are also considered.
In conclusion, while common-law marriage is not recognised in Minnesota, the state does provide some legal protections for couples who meet the criteria for putative spouses. It is important to seek legal advice to understand the specific rights and protections granted in such cases.
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Frequently asked questions
No, common-law marriage is not recognised in Minnesota.
A common-law marriage is a type of marital union that is recognised by some US states, despite the couple not obtaining a valid marriage license.
Common-law marriage was abolished in Minnesota in 1941.
In Minnesota, a putative spouse is granted the same rights as a legal spouse, including the right to ask for spousal support. This status lasts until it is discovered that the individual is not legally married.
Common-law marriage is recognised in Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
