Anaya Nolan
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. However, the state does not recognize common-law marriages. Before 1957, common-law marriages were recognized in Michigan, but they were abolished in that year. Nevertheless, Michigan will still recognize certain common-law unions, such as those that were established before 1957 or in other states that recognize common-law marriages.
| Characteristics | Values |
|---|---|
| Common law marriages | Abolished in 1957 |
| Common law marriages recognition | Recognizes common law marriages formed in other states |
| Common law couples rights | Certain rights are allowed to common law couples |
| Common law couples protection | Durable power of attorney, medical power of attorney, and cohabitation agreements |
| Common law couples rights in estate planning | Yes, if the couple signed durable power of attorneys |
| Common law in criminal law | Yes, for defining culpable states of mind |
| Common law in privacy | No statutory right to privacy, but the tort of invasion of privacy exists |
| Common law in defamation | Yes, defamation per se exists if the communication is false and imputes a criminal offense or lack of chastity |
| Common law in breach of contract | Yes, shares those of other states at common law |
| Common law in criminal intent | Yes, a crime generally requires a guilty mental state (mens rea) |
| Basis of Michigan's legal system | Common law |
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What You'll Learn
Michigan's legal system is based on common law
The common law tradition has resulted in a large body of case law in Michigan, which is subordinate to the Constitution of the United States, the supreme law of the land. The Constitution of Michigan is the foremost source of state law, followed by legislation enacted by the Michigan Legislature and published in the Acts of the Legislature.
The Michigan Compiled Laws (MCL) are the official codification of statutes for the state. An unannotated edition of the MCL is published by the state in print and online, while unofficial annotated versions are published by West and LexisNexis. The Michigan Compiled Laws also form the general statutory law of the state.
State agency regulations, sometimes called administrative law, are published in the Michigan Register and codified in the Michigan Administrative Code (MAC or AC). The Annual Administrative Code Supplement (AACS) is the annual supplement to the Michigan Administrative Code, containing the rules published in the Michigan Register for that year.
Common law in Michigan also applies to certain crimes, such as murder, rape, robbery, burglary, and larceny/theft. Additionally, the tort of defamation exists at common law in Michigan, and breach of contract/promissory estoppel claims in Michigan share similarities with those in other states.
Furthermore, Michigan recognized common-law marriages before 1957 but abolished them in that year. However, the state still recognizes common-law marriages formed before 1957 and those formed in other states that recognize such unions.
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Common law marriages in Michigan
Common-Law Marriages in Michigan
In Michigan, common-law marriages are not recognized. However, the state does allow some common-law couples certain rights. For instance, if a couple was considered common-law before 1957, they are still viewed as such, and common-law rules will apply if they break up. Additionally, Michigan will recognize a common-law couple moving into the state from another state where their union is recognized, as long as they complied with the common laws of their previous state.
Unmarried couples in Michigan can protect their rights through a cohabitation agreement, which is similar to a premarital agreement. This can outline what each person will receive in property division in the event of a breakup. However, cohabitation agreements cannot outline provisions for child custody and child support.
To prepare for potential issues that may arise in the future, common-law couples moving to Michigan, as well as residents of the state, should consult a lawyer. A lawyer can help draft a durable power of attorney and a medical power of attorney. A cohabitation agreement can also be created, outlining terms such as the division of property and childcare.
While Michigan does not recognize common-law marriages, there are a number of states that continue to legally recognize and allow them. These include Utah, Colorado, Texas, New Hampshire, Kansas, Iowa, South Carolina, and Montana. Washington, D.C., also allows common-law marriages.
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Common law rights for unmarried couples
Michigan abolished common-law marriages in 1957. However, the state still recognizes certain common-law unions. For example, couples who were considered common-law married before 1957 are still viewed as such, and common-law rules will apply if they break up. Additionally, Michigan will recognize a couple that moves to the state as common-law married if their previous state of residence recognized them as such.
Unmarried couples in Michigan do not have the same legal rights as married couples. They may face challenges when dividing assets, solving housing issues, and agreeing on parenting time or child custody. Unmarried couples who have bought property together or started a business together may also encounter additional complications when attempting to separate. Services rendered during the relationship are legally presumed to be gratuitous, meaning that contributing to the formation of a business or helping to build a house does not entitle an individual to a portion of those assets.
To protect their rights, unmarried couples in Michigan can enter into a cohabitation agreement, which is similar to a premarital agreement. This agreement can outline what each person will receive in property division in the event of a breakup. However, it cannot include provisions for child custody, support, or visitation, as these are decided by a Michigan court. Unmarried couples can also create a durable power of attorney, which allows them to speak for each other in legal matters if one becomes incapacitated or deceased, and a medical power of attorney, which gives each person the right to make medical decisions for the other.
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Common law torts in Michigan
Michigan abolished the notion of common-law marriages in 1957. However, the state still recognizes certain common-law unions, including those that were considered common law before 1957 and those that move to Michigan from states that recognize common-law marriages, such as Iowa.
In terms of common-law torts, Michigan recognizes the following:
- Defamation: In Michigan, the tort of defamation exists at common law. Defamation per se exists if the communication is false and imputes a criminal offense or lack of chastity. Unlike many other states, defamation regarding one's business or profession is not considered defamation per se in Michigan. Libel and slander are prohibited by statute in Michigan.
- Invasion of privacy: The tort of invasion of privacy is based on a common-law right to privacy and protects against four types of invasion: intrusion upon seclusion or private affairs, public disclosure of embarrassing or private facts, publicity that places one in a false light, and appropriation of one's name or likeness for the advantage of another.
- Intentional infliction of emotional distress: This tort focuses on extreme or outrageous conduct, regardless of the defendant's intent or malice. The conduct must be extreme enough that an average member of the community would exclaim "Outrageous!".
- Breach of contract/promissory estoppel: These claims are similar to those in other states and may be available to victims of wrongful conduct who were promised that certain images would not become public.
Additionally, Michigan has a Mini Tort law that covers up to $3,000 of vehicle damage resulting from a car accident. This law is intended to cover collision insurance deductibles or damages not covered by one's insurance. To recover money from the liable driver, one must have auto insurance and file a claim or lawsuit within three years of the accident.
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Common law and criminal law in Michigan
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. The Michigan Compiled Laws (MCL) are the official codification of statutes for the state of Michigan.
The Michigan Compiled Laws form the general statutory law. 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. State agency regulations (sometimes called administrative law) are published in the Michigan Register and codified in the Michigan Administrative Code.
Michigan abolished the notion of common-law marriages in 1957. However, the state still recognizes certain common-law unions. Any couple considered common-law married before 1957 is still viewed as such, and common-law rules will apply if they separate. Under the 'full faith and credit' clause of the United States Constitution, Michigan will recognize a common-law couple that moves to Michigan from another state that recognizes their union.
In the context of criminal law, a fundamental principle from English common law is that a crime generally requires both a wrongful act (actus reus) and a guilty mental state (mens rea). Michigan's criminal justice system would benefit from a standardization of the application of mens rea requirements. The Model Penal Code (MPC), developed in 1962 by the American Law Institute, has addressed the proliferation of strict-liability crimes. The MPC prescribes a default culpability as when "a person acts purposely, knowingly, or recklessly with respect [to the offense]."
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Frequently asked questions
No, Michigan does not recognize common-law marriages. However, it will recognize common-law marriages from other states.
The legal system of Michigan is based on common law.
The foremost source of state law in Michigan is the Constitution of Michigan. The Michigan Compiled Laws (MCL) form the general statutory law.
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