Kara Sears
Common-law marriage, also known as de facto or informal marriage, is a legal relationship between two people who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony. While common-law marriages are not recognized in most states, some states and Native American tribes continue to recognize them. Tennessee is not a common-law marriage state and does not recognize common-law marriages formed within its borders. However, it does recognize common-law marriages that were validly established in other states that permit them.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Tennessee | No |
| Common law marriage recognition for couples who moved to Tennessee | Yes, if the marriage was formed in a state where it is legal |
| Common law marriage definition | A legal relationship between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony |
| States that recognize common law marriage | Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and Washington D.C. |
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What You'll Learn
Common law marriage definition
A common-law marriage, also known as a non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that occurs outside of the traditional legal boundaries of acquiring a marriage license or participating in a marriage ceremony. It is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation. The original concept of a "common-law" marriage is one considered valid by both partners but is not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service. In effect, the act of the couple representing themselves to others as being married and organizing their relationship as if they were married means they are married.
The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation (whether or not registered) or other legally formalized relations. Although these interpersonal relationships are often called "common-law marriages", they differ from its original meaning in that they are not legally recognized as "marriages", but may be a parallel interpersonal status such as a domestic partnership, conjugal union, or civil union.
Common-law marriages are recognized in some jurisdictions, and the requirements to qualify as a common-law marriage differ across these jurisdictions. These requirements often include living together for a certain period, presenting themselves as a married couple to the community, and demonstrating the intention to be married. For example, in medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one in which the parties stated that they took one another as wife and husband, even in the absence of any witnesses. In ancient Greece and Rome, marriages were private agreements between individuals and estates. In Scotland, common-law marriage does not exist, although there was a type of irregular marriage called 'marriage by cohabitation with habit and repute' which could apply to couples in special circumstances until 2006.
In the United States, only 15 states and the District of Columbia recognize common-law marriages, and each state has its own set of requirements for establishing a common-law marriage. Tennessee is not one of the states that recognize common-law marriages formed within its borders. However, it does recognize common-law marriages that were validly formed in other states. For example, if a couple is validly common-law married in Utah and moves to Tennessee, their marriage would still be valid, and they would be entitled to the same rights and responsibilities as formally married couples in Tennessee.
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Common law marriage in TN history
The concept of common law marriage has existed throughout US history, with many states recognizing it at one time or another. A common-law marriage, also called a de facto or informal marriage, is a legal relationship between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony.
Tennessee, however, is not one of the states that recognize common-law marriages formed within its borders. The state has never developed a law under which people could establish themselves as a common-law married couple. This means that couples living together as though they are married do not have the same legal benefits as a married couple in Tennessee.
Despite this, Tennessee does recognize common-law marriages that were validly formed in other states. This is due to the principle of ""comity," where one state honors the judicial decisions of another. So, if a couple establishes a common-law marriage in a state that recognizes it and then moves to Tennessee, their union will generally be recognized as valid, and they will be entitled to the same rights and responsibilities as formally married couples, including property rights and inheritance.
It is important to note that divorce procedures for common-law marriages in Tennessee can be complex. Since there is no official certificate from a government authority, the spouse filing for divorce must provide additional testimony and evidence to prove the validity of the marriage. If the burden of proof is not met, the case will be dismissed as there are no marriage bonds requiring the court's intervention to dissolve.
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TN recognition of out-of-state common law marriages
Tennessee is not among the states that recognize common-law marriages formed within the state. However, it does recognize common-law marriages formed in a state where they are legal. This is because Tennessee abides by "comity", which means that the state honors the judicial decisions of another state.
If a couple establishes a common-law marriage in one of the states that recognize it and then moves to Tennessee, the state generally recognizes their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah before being common-law married, they couldn’t become common-law married in Tennessee.
It is important to note that each state has its own set of requirements for establishing a common-law marriage. These requirements often include living together for a certain period, presenting themselves as a married couple to the community, and demonstrating the intention to be married.
Consulting legal professionals and experts in family law can provide the necessary guidance to navigate the complex matters surrounding common-law marriages and ensure that individuals are well-prepared for their unique circumstances.
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Legal rights of unmarried couples in TN
In the state of Tennessee, common-law marriages are not recognized if they are formed within the state. However, it does recognize common-law marriages formed in a state where they are legal. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would be recognized.
Unmarried couples in Tennessee do not have the same legal protections as married couples when it comes to property rights and asset division. This can be particularly problematic in instances of separation or death, as assets may not be divided equitably or according to the wishes of the surviving partner.
To mitigate these issues, unmarried couples in Tennessee may enter into a cohabitation agreement, also known as a "palimony agreement" or a "living together agreement." These agreements enable partners to establish how their property will be divided in the event of a separation or death and can provide security and peace of mind. The agreements must meet certain legal requirements to be valid and enforceable, such as being in writing, signed by both parties in the presence of witnesses, and not against public policy.
Unmarried couples in Tennessee also have some legal rights through contract or family law. For example, if they have children together, they may be entitled to child custody and support arrangements, similar to married couples. Additionally, they may have rights to jointly-owned property or businesses they helped build or finance. It is important to consult with a lawyer to explore these legal options and ensure their rights are protected.
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Alternatives to common law marriage in TN
Tennessee does not permit the formation of common-law marriages within the state. However, it does recognize common-law marriages formed in a state where they are legal. If you are cohabitating without a plan to marry in Tennessee and want to ensure your legal rights are protected, there are alternatives to common-law marriage that you can explore. Here are some options:
- Cohabitation Agreement: Similar to a prenuptial agreement, a cohabitation agreement outlines the assets owned by each party at the beginning of the cohabitation. This can help protect your interests and rights in the event of a separation or if the relationship ends.
- Joint Ownership and Estate Planning: If you choose to purchase real property together, you can explore joint ownership options to ensure that both partners have a legal ownership interest in the property. Additionally, estate planning tools such as beneficiary designations on financial accounts and advance directives can help clarify that you view your partner as a spouse and want them to have equivalent legal rights.
- Consult a Family Law Attorney: Given the complexity of these matters, it is advisable to consult with an experienced family law attorney in Tennessee. They can guide you through the specific laws and alternatives available to protect your rights and interests in a non-marital relationship.
- Consider a Traditional Marriage: While some people may prefer to avoid a formal marriage or ceremony, it is important to note that marriage offers certain legal protections. If you are concerned about legal rights and recognition, exploring the option of a traditional marriage may be worthwhile.
Remember, each state has its own laws and requirements regarding common-law marriage and its alternatives. Seeking legal advice specific to your situation is always recommended.
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Frequently asked questions
No, Tennessee does not recognize common-law marriages formed within the state.
A common-law marriage is a legal relationship between two people who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony.
As of 2024, the following states fully recognize common-law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and Washington D.C.
Yes, Tennessee does recognize common-law marriages that were validly formed in other states. These couples are entitled to the same rights and responsibilities as formally married couples in Tennessee.
Common-law marriage grants protections to people who are, for all intents and purposes, operating as a married couple without a marriage certificate. It provides legal benefits and financial protections if the relationship ends.
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