Gavin Howe
Maryland does not recognize common-law marriages within the state. However, it does recognize common-law marriages that were established in other states or countries, provided that the legal requirements of the respective jurisdiction have been met. This means that if a couple is considered legally married under common law in another state, Maryland will uphold that marriage when they move to the state. While Maryland does not allow couples to establish a common-law marriage within its borders, cohabitating couples can take legal measures to protect their rights and interests, such as through cohabitation agreements or estate planning documents.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Maryland | No, but valid common-law marriages from other states are recognized |
| Common law marriage definition | A couple becomes legally married without participating in a lawful ceremony by living together for a long period of time, intending to be married, and holding themselves out to others as married |
| Dissolution of common law marriage | Requires legal action such as a legal divorce or annulment |
| Legal rights for unmarried couples | Yes, through cohabitation agreements, estate planning documents, and legal parentage |
| States that recognize common law marriage | Colorado, Texas, District of Columbia, Iowa, Kansas, Montana, Rhode Island, Utah |
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What You'll Learn
Common law marriages in Maryland cannot be formed
Common-law marriages cannot be formed in Maryland. This means that regardless of a couple's history or living situation, they cannot obtain legal rights from their relationship unless they enter into a legal marriage or another type of legal agreement, such as a cohabitation agreement.
A common-law marriage is generally defined as a relationship in which a couple lives together but has not participated in a lawful marriage ceremony. While a common-law marriage can be formed without a legal ceremony, the dissolution of such a marriage must be done through legal action, as there is no "common-law divorce." A legal divorce or annulment is required to end a common-law marriage.
Maryland does not permit couples to establish a common-law marriage within the state. However, it does recognize valid common-law marriages from other states. This means that if a couple is considered legally married under common law in a state that acknowledges it, Maryland will uphold that marriage when the couple moves to the state. For example, the Maryland Court of Appeals affirmed a divorce of a common-law marriage entered in Washington, D.C.
While Maryland does not recognize common-law marriage, couples who cohabit can take legal measures to protect their rights and interests, including cohabitation agreements, estate planning documents, and legal parentage agreements.
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Common law marriages from other states are recognised in Maryland
Maryland does not recognize common-law marriages within the state. However, it does recognize valid common-law marriages from other states. This means that if a couple is considered legally married under common law in a state that acknowledges it, such as Colorado or Texas, Maryland will uphold that marriage when the couple moves to the state.
The Maryland Court of Appeals affirmed a divorce of a common-law marriage that took place in Washington, D.C. The Maryland high court ruled that the marriage was valid in Maryland under the common-law doctrine of marriage recognition. There are two exceptions to Maryland's recognition of marriages that occurred in another state or country: the type or circumstances of the marriage must not be prohibited expressly by Maryland's Legislature, and the marriage cannot be repugnant to Maryland public policy.
Maryland has never refused to recognize a marriage based on these exceptions. The state has, paradoxically, repeatedly recognized out-of-state marriages that would have been invalid if they had occurred within Maryland. This is because Maryland courts have long appreciated the social importance of fostering stable families and protecting children during a divorce.
While common-law marriage requirements vary from state to state, there are several basic elements. Both individuals must live in a state that honors common-law marriages, and both must have the legal capacity to enter into a common-law marriage, such as being of sound mind and legal age. Couples must meet their state's requirements to earn the associated benefits of common-law marriage.
Common-law marriages provide couples who have not had a legally binding marriage ceremony with similar rights to those given to couples who have participated in a legal marriage ceremony, such as inheritance and survivor benefits. However, couples who believe they have a common-law marriage in Maryland may encounter unforeseen legal issues, especially regarding divorce, inheritance rights, and healthcare decisions.
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Dissolution of common law marriages requires legal action
While common law marriages cannot be formed in Maryland, the state does recognize common-law marriages that were created in other states or countries. However, it's important to note that Maryland has specific requirements for recognizing such marriages. Firstly, the marriage must be valid in the jurisdiction where it was established, and secondly, the type or circumstances of the marriage must not be prohibited by Maryland's Legislature or repugnant to Maryland public policy.
If a couple with a common-law marriage recognized by Maryland wishes to dissolve their union, they must take legal action. Simply parting ways or breaking up will not end the marriage. A legal divorce or annulment is required to terminate a common-law marriage. This is because there is no concept of "common-law divorce" in Maryland, and legal action is necessary to dissolve any type of legal marriage.
The process of obtaining a divorce or annulment for a common-law marriage may vary depending on the specific circumstances and the jurisdiction in which the marriage was established. Couples may need to prove the validity of their marriage, especially if it was created in another state or country. This can be a complex process, and consulting with an attorney is often recommended to navigate the specific requirements and ensure compliance with licensing and ceremonial regulations.
To summarize, while Maryland does not permit the formation of common-law marriages within the state, it recognizes valid common-law marriages from other jurisdictions. However, the dissolution of any recognized common-law marriage in Maryland requires legal action, such as a divorce or annulment. This process may involve proving the validity of the marriage and adhering to the specific regulations of the original jurisdiction.
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Legal measures to protect cohabiting couples' rights
Maryland does not recognize common-law marriages within the state. However, it does recognize valid common-law marriages from other states. This means that if a couple is considered legally married under common law in a state that acknowledges it, Maryland will uphold that marriage when the couple moves to the state.
Despite not recognizing common-law marriages, Maryland offers legal measures to protect the rights and interests of cohabiting couples. These include:
- Cohabitation agreements: These are legal contracts that specify financial duties, property ownership, and the protocol to follow in the event of separation. They are available to both same-sex and heterosexual couples and provide a clear outline of the terms of their lives together.
- Estate planning documents: Using a will, trust, or power of attorney can help ensure that a partner is considered in financial and medical decision-making. This is especially important for unmarried couples, as they may not have the legal authority to make medical decisions for their partner in case of incapacity.
- Legal parentage: Unmarried couples with children may need to take extra legal measures to secure parental rights, particularly for the parent who is not biologically related.
It is important to note that while these measures can provide some protection for cohabiting couples in Maryland, they may not offer the same comprehensive legal rights and protections as a legally recognized marriage. For specific legal advice, consulting a licensed attorney is recommended.
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Common law marriage requirements vary by state
In the United States, common-law marriage is a form of irregular marriage that survives only in a handful of states and the District of Columbia, along with some provisions of military law. The laws regarding common-law marriage vary from state to state, which makes the topic even more complicated.
Common-law marriage is generally defined as a relationship in which a couple lives together and holds themselves out to the world as a married couple, but has not participated in a lawful ceremony. While the specific requirements differ across states, there are several basic elements of common-law marriage. Both individuals must live in a state that honours common-law marriages, and they must have the legal capacity to enter such a marriage, for example, by being of legal age and having a sound mind.
Maryland is one example of a state that does not permit couples to establish a common-law marriage within its borders. However, it does recognize valid common-law marriages from other states. This means that if a couple is considered legally married under common law in a state that acknowledges it, Maryland will uphold that marriage when they move to the state. For example, if a couple with a common-law marriage in Colorado moves to Maryland, their marriage will be recognized in Maryland. This is due to the Constitution's full faith and credit clause.
On the other hand, some states that do recognize common-law marriage, like Pennsylvania, place a "heavy burden" on establishing such a marriage to prevent fraud and perjury. In Washington, D.C., one of the easiest states to recognize a common-law marriage, an express mutual agreement to be husband and wife, followed by cohabitation, is required.
While the requirements for common-law marriage vary by state, it is important to note that a legal divorce or annulment is generally required to dissolve a common-law marriage. Simply parting ways will not end the marriage.
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Frequently asked questions
No, a common-law marriage cannot be formed in Maryland. This means that a couple cannot acquire marital rights and responsibilities by living together for a particular period of time or holding themselves out as spouses.
Yes, Maryland does recognize common-law marriages from other states, as long as the legal requirements of the other jurisdiction have been met.
Couples who cohabit in Maryland can take legal measures to protect their rights and interests, including cohabitation agreements and estate planning documents.
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