Kara Sears
The legal system of Michigan is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals. The Michigan Constitution is the foremost source of state law. Common law marriages, however, were abolished in Michigan in 1957. The state will still recognize certain common-law unions formed prior to 1957, as well as common law marriages from other jurisdictions.
| Characteristics | Values |
|---|---|
| Does Michigan recognize common law marriages? | No, common law marriages were abolished in 1957. |
| Does Michigan recognize common law marriages formed in other states? | Yes, under the "full faith and credit" clause of the United States Constitution. |
| Is common law referenced in the Michigan Constitution? | Yes, 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. |
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What You'll Learn
Common law marriage in Michigan
Michigan abolished common law marriages in 1957. After this date, it was mandated that couples must obtain a license to marry and have a wedding certificate to be considered officially wed. However, any couple that was considered common law prior to 1957 is still viewed as such in the eyes of the law, and common law rules will apply if the couple breaks up.
Under the 'full faith and credit' clause of the United States Constitution, Michigan will recognise a common law couple that moves to Michigan from another state that recognises common law marriage. For example, Iowa is one of the few states that still recognises common law marriages. If a couple is considered common law in Iowa and then moves to Michigan, Michigan will still recognise the couple as common law. However, the couple must have complied with the common laws of their state.
Although Michigan does not recognise common law marriages, there are steps unmarried couples can take to protect their rights. This includes drafting a durable power of attorney, a medical power of attorney, and a cohabitation agreement that outlines certain terms such as the division of property and child care in the event that the couple breaks up.
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Common law recognition in other states
The recognition of common law varies across US states, and this can lead to complications if couples move between states. The Full Faith and Credit Clause in the U.S. Constitution usually mandates states to honour legal decisions from other states. However, conflicts can arise when a couple moves to a state that doesn't recognise common law marriage. For example, if a couple is considered married under common law in a state like Colorado, Iowa, or Texas, and then moves to a state like California that doesn't recognise common law marriage, they might face challenges in proving their marital status for matters like inheritance or spousal rights.
Michigan abolished the notion of common-law marriages in 1957, but the state will still recognise certain common-law unions formed before 1957. Under the Full Faith and Credit Clause, Michigan will also recognise common-law marriages from other states, as long as the couple complied with the common-law requirements of their original state.
Other states that recognise common-law marriage include Colorado, which requires cohabitation, mutual agreement, and public representation as a married couple, and Iowa, which mandates intent to marry, continuous cohabitation, and public declaration. Each state has its own unique stipulations and requirements for common-law marriages, so it is essential to understand these differences for accurate legal recognition.
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Common law in relation to property rights
The legal system of Michigan is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals. While Michigan abolished the notion of common-law marriages in 1957, it still recognises certain common-law unions.
Common law property is a system that most states use to determine the ownership of property acquired during marriage. In a common-law property system, assets acquired by one member of a married couple are deemed to belong solely to that person unless the property is specifically put in both names. This is in contrast to a community property system, which treats assets acquired during a marriage as belonging to both partners.
Physical assets that could be divided based on common law property rules include tangible assets, such as cars, real estate, and fine art, as well as intangible assets, such as patents and trademarks.
The concept of property in law is more nuanced than everyday usage. It refers to the rights of people in or over certain objects or things. Property rights are viewed as fundamental in common law, with William Blackstone stating in 1773 that "There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property."
The "bundle of rights" view is prominent in American law, where different parties may claim competing interests in the same property. Property rights are enforceable against all other persons, while contractual rights are enforceable against particular persons. The transfer of property can be consensual or non-consensual and is typically acquired through a consensual transaction with the previous owner, such as a sale, gift, or inheritance.
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Common law and the Michigan Supreme Court
The legal system of Michigan is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals. The decisions of the Supreme Court are published in the Michigan Reports.
Michigan has a reception statute providing for the "reception" of English law. All statutes, regulations, and ordinances are subject to judicial review. Pursuant to common law tradition, the courts of Michigan have developed a large body of case law through the decisions of the Michigan Supreme Court.
The Michigan Supreme Court has concluded that a Michigan ‘common law’ marriage/relationship is not entitled to legal recognition. In 1999, the Court considered the invalidity of a common law marriage in the case of Van v. Zahorik, 460 Mich. 320 (1999). In this case, Scott Van and Mary Zahorik lived together from 1986 to 1991 but were never married. The Court of Appeals observed that a relationship that does not constitute a legal marriage does not give rise to property rights between the parties.
Michigan abolished common law marriages in 1957. Prior to this, a common law couple that broke up would be treated the same way as a couple that was getting an official divorce. However, any couple that was considered common law prior to 1957 is still viewed as such in the eyes of the law and common law rules will apply if they separate. Michigan will also recognize a common law marriage that occurred in another jurisdiction.
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Common law and the Constitution
The legal system of Michigan is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals. The decisions of the Supreme Court and Court of Appeals are published in the Michigan Reports and Michigan Appeals Reports, respectively. Common law marriages, however, are not recognized in Michigan under Michigan law.
In 1838, Michigan passed a law that stated that marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained. This was the first law enacted in Michigan to move away from recognizing common-law marriages. However, in 1877, the United States Supreme Court heard the case of Meister v. Moore, which validated a common-law marriage between William Mowry and his wife, Mary. The Supreme Court ruled that Michigan's law of 1838 did not require that marriages be validated by a justice of the peace or a minister, but that such solemnization was discretionary.
On January 1, 1957, Michigan changed its law to require that marriages must result from a marriage license. After this date, mere consent to be married or cohabitation would not be enough for a marriage to be recognized by Michigan law. A couple wanting their marriage to be recognized by Michigan law would have to apply for and receive a marriage license, which would then have to be authorized by a judge, a mayor, a court clerk, or a minister. Michigan will, however, continue to recognize common-law marriages that are valid in other states that still recognize common-law marriages due to the 'full, faith, and credit' clause of the United States Constitution.
The Michigan Compiled Laws (MCL) are the official codification of statutes for the state of Michigan. The Constitution of Michigan is the foremost source of state law. Legislation is enacted by the Michigan Legislature, published in the Acts of the Legislature, and codified in the Michigan Compiled Laws.
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Frequently asked questions
Yes, the legal system of Michigan is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals.
No, Michigan does not recognize common-law marriages under Michigan law. However, it will respect a common-law marriage that occurred in another jurisdiction.
Michigan abolished common-law marriages in 1957. Since then, a couple must obtain a license to marry and possess a wedding certificate to be considered officially wed.
A common-law marriage is a marriage that exists by agreement and cohabitation. Simply living together is insufficient to establish a common-law marriage.
Yes, even though common-law marriages are not recognized in Michigan, the state will still recognize certain common-law unions formed before 1957. In the case of a breakup, common-law rules will apply.
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