Cecily Zamora
Maryland does not allow common-law marriages to be created within its borders. However, it does recognize common-law marriages that were validly established in other states. This means that if a couple establishes a common-law marriage in a state that recognizes it, such as Colorado, Texas, or the District of Columbia, Maryland will honor that marriage as valid when the couple moves to Maryland. This recognition extends to granting divorces and determining the rights of such couples.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Maryland | No, a common law marriage cannot be created in Maryland |
| Common law marriage recognition outside Maryland | Yes, Maryland recognizes common law marriages created outside of Maryland if the legal requirements of the other jurisdiction have been met |
| Divorce for common law marriages | Yes, Maryland courts can and will grant divorces to common-law married parties now living in Maryland |
| Common law marriage in Washington, D.C. | Yes, Washington, D.C. recognizes common-law marriages |
| Common law marriage in Virginia | No, Virginia does not recognize common-law marriages |
| Common law marriage in Pennsylvania | Yes, Pennsylvania recognizes common law marriages formed before 2005 |
| Common law marriage in New Hampshire | Yes, New Hampshire recognizes common law marriages for inheritance purposes |
| Common law marriage in Colorado | Yes, Colorado recognizes common law marriages |
| Common law marriage in Texas | Yes, Texas recognizes common law marriages |
| Common law marriage in Utah | Yes, Utah recognizes common law marriages after they are validated by a court or administrative order |
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What You'll Learn
Common-law marriages in Maryland
In Maryland, a common-law marriage cannot be created. This means that a couple cannot acquire marital rights and responsibilities by living together for a particular period or holding themselves out as spouses. However, Maryland does recognize common-law marriages that were validly established in other states or jurisdictions.
Recognition of Common-Law Marriages from Other Jurisdictions
Maryland recognizes common-law marriages that were validly established in other states or jurisdictions that recognize such marriages. This is based on the "Full Faith and Credit Clause" of the U.S. Constitution, which requires states to respect the laws and legal contracts of other states. For example, if a couple establishes a common-law marriage in a state like Colorado, Texas, or the District of Columbia, Maryland will honor that marriage as valid when the couple moves to the state.
Requirements for Common-Law Marriages
The requirements for a valid common-law marriage vary by jurisdiction. For instance, in the District of Columbia, there must be an express mutual agreement to be husband and wife, followed by cohabitation. On the other hand, Utah only recognizes common-law marriages after they are validated by a court or administrative order.
Alternatives for Unmarried Couples in Maryland
For couples living in Maryland who do not wish to be legally married, there are alternatives to protect their rights and establish their commitment. These include commitment ceremonies, non-legal weddings, cohabitation agreements, and legal documents such as wills, trusts, power of attorney, and health care directives. These options allow unmarried couples to make decisions regarding inheritance, medical care, and financial matters without the legal implications of marriage.
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Common-law marriages outside of Maryland
While a common-law marriage cannot be formed in Maryland, the state does recognize common-law marriages formed in other jurisdictions. This means that if a couple has a valid common-law marriage in another state, territory, or country, their marriage will be recognized in Maryland.
Only a handful of states in the US have common-law marriages. These include Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and Utah. Some states have abolished common-law marriage but still recognize them if they began before a certain date or for specific purposes. For example, Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania recognize common-law marriages formed before a certain date. New Hampshire only recognizes common-law marriages for inheritance purposes.
The requirements for a valid common-law marriage vary in each jurisdiction. For example, Utah only recognizes common-law marriages after they are validated by a court or administrative order. In the District of Columbia, an express mutual agreement to be husband and wife, followed by cohabitation, is required. In Virginia, common-law marriage is not recognized by law. Merely residing together does not create legal responsibilities or duties between two individuals, except when expressly agreed upon.
Determining whether a couple has a valid common-law marriage can be complex, and it is recommended that they consult with an attorney. If a couple with a common-law marriage recognized in another jurisdiction moves to Maryland, their marriage will be recognized in Maryland.
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Legal rights of common-law couples in Maryland
Maryland does not recognize common-law marriages formed within the state. This means that couples cannot obtain legal rights from their relationship unless they enter into a legal marriage or some other type of legal agreement, such as a cohabitation agreement. However, Maryland does recognize common-law marriages formed in other jurisdictions as long as they are valid in that jurisdiction.
A common-law marriage is a type of marriage where a couple becomes legally married without participating in a lawful ceremony. Instead, they live together for a long period, intending to be married and holding themselves out to others as married. While a common-law marriage can be formed without a legal ceremony, its dissolution requires legal action, such as a legal divorce or annulment.
Maryland courts can grant divorces to and determine the rights of "common-law" married parties living in the state. In such cases, the couple may be required to prove that their marriage is valid, which can be complex, and they may need to consult an attorney.
Some states, including Georgia, Idaho, Ohio, Pennsylvania, and New Hampshire, only recognize common-law marriages formed before a certain date or for specific purposes, such as inheritance.
For couples who do not wish to be legally married, commitment ceremonies or non-legal weddings offer a way to publicly establish their commitment without legal consequences. These ceremonies must be performed by someone not authorized to perform legal marriages; otherwise, the marriage is considered valid.
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Dissolution of common-law marriages
While a common-law marriage can be formed without a legal ceremony, its dissolution requires legal action. A couple cannot simply part ways to end a common-law marriage. A legal divorce or annulment is necessary to terminate such a marriage.
Maryland does not recognize common-law marriages formed within the state. However, it does acknowledge valid common-law marriages from other jurisdictions as long as the requirements of that jurisdiction were fulfilled. For instance, Pennsylvania courts allowed common-law marriages formed before 2005. Maryland courts will thus recognize a common-law marriage if it would have been recognized in the state where the couple lived together.
Maryland courts can and will grant divorces to common-law married parties now living in Maryland. However, the couple may be required to prove the validity of their marriage. This often arises in divorce cases or when claiming inheritance, survivor benefits, or social security upon the death of either spouse.
Determining the validity of a common-law marriage can be complex, and it is advisable to consult an attorney. Additionally, unmarried cohabitants in Maryland can enter into a domestic partnership for inheritance purposes by filing a Declaration of Domestic Partnership.
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Recognition of common-law marriages in other states
Maryland does not allow common-law marriages to be formed within the state. However, it does recognise common-law marriages that were formed in other states, territories, or jurisdictions that allow them. This is because, under the United States Constitution, the full faith and credit clause states that all states must recognise common-law marriages from other states.
There are only a few jurisdictions that allow the creation of common-law marriages. These include Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and Utah. South Carolina, New Hampshire, and Alabama recognise common-law marriages for limited purposes, such as inheritance.
The requirements for a valid common-law marriage vary in each jurisdiction. For example, Utah only recognises common-law marriages after they are validated by a court or administrative order. In the District of Columbia, an express mutual agreement to be husband and wife, which must be in the present tense, is required, followed by cohabitation.
Some states, such as Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognise common-law marriages formed before a certain date. For example, Pennsylvania courts allow common-law marriages formed before 2005, but place a "heavy burden" on establishing them due to the risk of perjury and fraud.
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Frequently asked questions
No, Maryland does not recognize common-law marriages formed within the state. However, it does recognize common-law marriages that were established in other states or jurisdictions that allow them.
Common-law marriages are relationships in which a couple lives together and presents themselves as married without undergoing a formal marriage ceremony or obtaining a marriage license. In states that recognize common-law marriages, couples in these relationships have the same legal rights as those who went through a traditional ceremony, including rights to property, spousal support, and inheritance.
You cannot establish a common-law marriage in Maryland. However, if you move to Maryland from a state that recognizes common-law marriages, your marriage will be recognized in Maryland as well.
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