Cecily Zamora
The legal system of Massachusetts is based on common law. However, common-law marriage is not recognized in Massachusetts. If a couple that is cohabiting breaks up, they are not considered married by common law. However, Massachusetts does recognize out-of-state common-law marriages in divorce and inheritance cases.
| Characteristics | Values |
|---|---|
| Common law marriage recognised? | No, except when it is. |
| Common law marriage in divorce cases | Recognised if it occurred in another state. |
| Common law marriage in inheritance cases | Recognised if it occurred in another state. |
| Legal system basis | Common law. |
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What You'll Learn
- Common law marriage is not recognised in Massachusetts
- Massachusetts must recognise marriages formed in other states
- Cohabitation in Massachusetts does not create a formal marriage
- Massachusetts treats common law marriages from other states in divorce cases
- Common law marriage in Massachusetts may impact inheritance
Common law marriage is not recognised in Massachusetts
The legal system of Massachusetts is based on common law. However, common-law marriage is not recognized in Massachusetts. In the case of Collins v. Guggenheim, 417 Mass. 615 (1994), the Court held that "cohabitation in Massachusetts does not create the relationship of husband and wife in the absence of a formal solemnization of marriage."
Despite this, Massachusetts does recognize out-of-state marriages under the Full Faith and Credit Clause, even if they are common-law marriages. This is provided that they do not violate Massachusetts public policy, including polygamy, consanguinity, and affinity. For example, in the case of Commonwealth v. Lane, 113 Mass. 458 (1873), the court recognized a Vermont civil union as equivalent to marriage in Massachusetts.
Additionally, while not common law marriages, Massachusetts does provide some legal rights to unmarried couples. These include cohabitation agreements, which can address issues such as child custody, insurance, property ownership, and estate planning.
In conclusion, while Massachusetts does not recognize common-law marriage within the state, it does recognize out-of-state common-law marriages and provides some legal protections to unmarried couples through cohabitation agreements.
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Massachusetts must recognise marriages formed in other states
The law of Massachusetts consists of several levels, including constitutional, statutory, regulatory, case law, and local ordinances. The legal system is based on common law, which is interpreted by case law through the decisions of the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the Appellate Divisions of the Massachusetts District Court and the Boston Municipal Court departments.
Common-law marriage is not recognised in Massachusetts. However, the state must recognise marriages performed in other states, even if they would violate Massachusetts law. This is due to the Full Faith and Credit Clause, which requires Massachusetts to honour the marriage laws of other states. For example, same-sex couples who lived in a state where it was illegal to marry would travel to a state where it was allowed, get married, and then return home. The Full Faith and Credit Clause provides the foundation for many interstate laws relating to family law, including the Uniform Child Custody Jurisdiction and Enforcement Act, and the Parental Kidnapping Prevention Act.
Massachusetts courts have also held that they will "ordinarily extend recognition to out-of-State marriages under principles of comity, even if such marriages would be prohibited here, unless the marriage violates Massachusetts public policy, including polygamy, consanguinity and affinity". This was demonstrated in the case of Elia-Warnken v. Elia, where the Supreme Judicial Court recognised a Vermont civil union as the equivalent of marriage in Massachusetts under principles of comity.
Although common-law marriage is not recognised in Massachusetts, there may be occasions where the state has to recognise such a marriage formed in another state, particularly in divorce and inheritance cases. For example, if one spouse dies without a will, their marital status will have a significant impact on inheritance under the laws of intestacy in Massachusetts. Proving a common-law marriage in these circumstances can be challenging, as there are several complex burdens to overcome, including the death of at least one major witness who could testify about the relationship.
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Cohabitation in Massachusetts does not create a formal marriage
In Massachusetts, cohabitation does not create a formal marriage. Common-law marriage is not recognized in the state, as outlined in Collins v. Guggenheim, 417 Mass. 615 (1994). The Court held that "cohabitation in Massachusetts does not create the relationship of husband and wife in the absence of a formal solemnization of marriage." This means that simply living together, even for an extended period, does not grant the legal rights and protections of marriage.
However, it is important to note that Massachusetts does recognize common-law marriages from other states in certain cases, such as divorce and inheritance. This recognition is based on the Full Faith and Credit Clause, which requires Massachusetts to honor the marriage laws of other states. For example, if a couple gets legally married through common law in a state where it is recognized and then moves to Massachusetts, their marriage must be recognized by the Commonwealth, even if it violates a Massachusetts law.
The impact of cohabitation in Massachusetts can be seen in divorce cases. Although premarital cohabitation does not result in a common-law marriage, it can affect the division of assets and alimony. Massachusetts courts consider the length of the marriage and premarital relationship when determining these factors. Therefore, unmarried partners who cohabitate for a long time before a brief marriage may gain some legal rights associated with a long-term marriage.
Additionally, in the context of inheritance, proving a common-law marriage in Massachusetts can be challenging. It requires testimony from witnesses, and the marriage must have occurred in a state where common-law marriage is legal. The duration of residence in that state and subsequent residence in Massachusetts can also impact the credibility of evidence presented.
In summary, cohabitation in Massachusetts does not automatically create a formal marriage. While common-law marriage is not recognized within the state, Massachusetts does acknowledge common-law marriages from other states in specific legal contexts. The impact of cohabitation can still be relevant in divorce and inheritance cases, influencing alimony, asset division, and inheritance rights.
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Massachusetts treats common law marriages from other states in divorce cases
Although common law marriage is not recognised in Massachusetts, the state must treat a marriage as legitimate if the couple met the standards for common law marriage in another state before moving there. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires Massachusetts to honour the marriage laws of other states.
However, proving to a Massachusetts judge that a common law marriage existed in another state can be challenging. This is because judges in Massachusetts are unfamiliar with the legal standards and issues of proof involved in common law marriage cases. As a result, parties trying to prove common law marriage in Massachusetts may face practical challenges, such as evidence and witnesses being located in another state.
In Massachusetts, common law marriages from other states can impact divorce cases and, more commonly, inheritance cases. For example, the length of a marriage is an important factor for a judge when dissolving a marriage and determining the division of a couple's assets. Because common law marriages are founded upon a period of cohabitation, some Massachusetts couples may seek to extend the length of their legal marriage by "tacking on" a common law marriage.
Additionally, the duration of alimony following a divorce may be influenced by a common law marriage. Under the Alimony Reform Act, Massachusetts law determines the duration of alimony based on how long the parties were married. Therefore, if an alimony recipient can prove the existence of a common law marriage, this could extend the period for which they are eligible for alimony.
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Common law marriage in Massachusetts may impact inheritance
The legal system of Massachusetts is based on common law. However, common-law marriage is not recognized in Massachusetts. If a couple cohabits in Massachusetts, this does not create the relationship of husband and wife in the absence of a formal solemnization of marriage.
However, Massachusetts must recognize marriages formed in other states, even common-law marriages, due to the Full Faith and Credit Clause. This includes common-law marriages from states like Rhode Island and New Hampshire. This means that if a couple with a common-law marriage from another state moves to Massachusetts, their marriage will be recognized.
The most common area of law affected by common-law marriage in Massachusetts is probate and inheritance law. If one or both spouses die without a will, their marital status could have a significant impact on inheritance under the laws of intestacy in Massachusetts. Proving a common-law marriage in Massachusetts carries several burdens, including the need for witness testimony about the relationship and evidence of residence in a state where common-law marriage is legal.
Additionally, premarital cohabitation can impact post-divorce alimony in Massachusetts. Courts may extend the duration of alimony based on premarital cohabitation, which could provide some legal rights associated with a long-term marriage even after a brief marriage. These trends suggest that unmarried partners in Massachusetts may gain certain legal rights, particularly regarding inheritance, even without a formal marriage.
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Frequently asked questions
No, common-law marriage is not recognised in Massachusetts. However, if a couple is legally married in another state in the country and then moves to Massachusetts, the Commonwealth must recognise that marriage.
If a couple breaks up, they are not married by common law.
Their marital status could have a huge impact on inheritance under the laws of intestacy in Massachusetts. Proving that a deceased person was part of a common-law marriage in Massachusetts is challenging as at least one major witness would be deceased.
If the couple lives in a common-law marriage state, they must make their intentions clear in writing.
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