Anaya Nolan
Common-law marriage is not recognized in Minnesota, and has not been for over 80 years. However, the state does have a putative spouse statute, which grants a person who has cohabited with another in the good faith belief that they are married the same rights as a legal spouse, including the right to ask for spousal support. Additionally, while an unmarried couple has no rights to each other's property, they can gain these rights by signing a written contract.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage abolished | 1941 |
| Recognition of common law marriage from other states | Yes |
| Rights of unmarried couples to each other's property | No |
| Rights of unmarried parents to custody and child support | Yes |
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What You'll Learn
Common-law marriage rights in Minnesota
Minnesota abolished common law marriage laws back in 1941. However, if a couple was married by valid common law in one of the states that still recognize common-law marriage and then moved to Minnesota, Minnesota courts would recognize their common-law marriage. There are only a handful of states that still recognize common-law marriage, including Colorado and the District of Columbia.
In states that recognize common-law marriage, the parties in a common-law marriage have the full rights of spouses in a legal marriage. For example, they would be entitled to an equitable share of the couple's marital property in the event of a divorce.
In Minnesota, an unmarried couple has no rights to each other's property unless both parties sign a written contract. However, Minnesota law does recognize the concept of a "putative spouse," which refers to someone who appears to be a legally recognized spouse but is not due to a procedural error, such as failing to obtain a marriage license. If a person has cohabited with another in the good faith belief that they are married, they will be considered a putative spouse and granted the same rights as a legal spouse, including the right to ask for spousal support in the event of a divorce.
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Rights of unmarried cohabiting couples
Minnesota does not recognize common-law marriage. This means that unmarried cohabitants do not enjoy the same rights as married individuals, particularly concerning property acquired during their relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even those in long-term relationships.
Unmarried cohabitants in Minnesota have no rights to each other's property unless both parties sign a written contract. This is known as a cohabitation agreement, which can outline what will happen to their joint possessions if they separate or if one of them passes away. This agreement must be in writing, as a verbal agreement can be difficult to prove in court.
The cohabitation agreement can also address other issues that may affect cohabiting couples, such as estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or has the same rights to make medical care decisions as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorney in addition to having a non-marital agreement.
Additionally, if the unmarried couple has children together, they have the right to use the family court system to request child support and custody. However, until paternity is confirmed, an unmarried father has no legal claim to custody or parenting time. A Recognition of Parentage form should be signed as soon as possible after the birth of the child, and joint legal custody secures the rights of both parents.
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Recognition of common-law marriage from other states
Common law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that only survives in a few US states and the District of Columbia. As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
In Minnesota, common law marriage was abolished in 1941. However, if a couple had a valid common-law marriage in a state that recognises such marriages, and then relocates to Minnesota, the courts in Minnesota will recognise their marriage. This means that if a couple meets the criteria for a common-law marriage in a state where it is recognised, their legal status will be the same as any other marriage in Minnesota, and they will be entitled to the same rights as legal spouses in a divorce proceeding.
To be considered a common-law marriage, a couple must live together for a set number of years with the intention of being a married couple and ""hold themselves forth" as married to others, meaning they inform people they are married. In addition, they must meet the basic requirements under state law for a legal common-law marriage, such as being old enough to get married (usually 18 years old) and having the mental capacity to enter into a marriage.
It is important to note that many states only recognise common-law marriages that existed before the state abolished this type of marriage. For example, Alabama, Alaska, Florida, Georgia, Indiana, Michigan, Minnesota, Mississippi, Nevada, Ohio, and Pennsylvania all have cut-off dates after 1940.
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Termination of common-law marriages
Common-law marriage is not recognized in Minnesota. It was abolished in 1941. No matter how long you live with your partner or how often you tell people you're married, a common-law marriage cannot be established in Minnesota. However, if a couple was married by valid common law in one of the states that recognize common-law marriages and then relocates to Minnesota, the courts in Minnesota will recognize their common-law marriage.
In states that recognize common-law marriages, the parties in a common-law marriage have the full rights of spouses in a legal marriage. This means that they would be entitled to an equitable share of the couple's marital property in the event of a divorce.
In Minnesota, an unmarried couple has no rights to each other's property unless both parties sign a written contract. However, if a couple has children together and breaks up, they will have rights as parents to seek custody and child support in the family court system.
If a couple has cohabited and their relationship terminates, it is important to speak with a family law attorney to protect their rights.
In states that recognize common-law marriages, once a couple is deemed married, they must go through the court process to terminate the relationship. The same laws that apply to ending legal marriages also apply to ending common-law marriages.
In Minnesota, even though common-law marriage is not recognized, if a couple has resided in a state that recognizes common-law marriages, the courts will take it into consideration. However, since common-law marriage is not recognized in Minnesota, there is no need to go through a court process to terminate such a relationship.
The term "putative spouse" refers to a person who appears to be legally married but is not due to a technical issue, such as failing to obtain a marriage license. Under Minnesota law, if a person has cohabited with another in the good faith belief that they are married, they are considered a putative spouse and gain the same rights as a legal spouse, including spousal support. The putative spouse status lasts until it is discovered that the individual is not legally married, at which point the status is terminated, and no additional rights can be acquired.
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Custody rights for unmarried parents
Minnesota law recognises two types of child custody: physical custody and legal custody. Physical custody refers to the right to make decisions about the child's routine day-to-day activities and where the child lives. Legal custody, on the other hand, refers to the right to make important decisions regarding the child's education, health care, and religion.
In Minnesota, if a child's parents are unmarried at the time of the child's birth, the mother automatically gains sole physical and legal custody of the child. This remains true even if the father's name is on the birth certificate. The mother's automatic custodial rights can only be altered by a court order. Consequently, unmarried fathers have very limited rights when the parents are unmarried at the time of the child's birth.
If paternity has not been established and is acknowledged by the father, he may petition for rights of parenting time or custody in a paternity proceeding or separate proceeding. Establishing paternity is crucial in a child custody case, as it simplifies the process and ensures the father's rights are protected.
To protect the rights of both parents, it is recommended that they sign a Recognition of Parentage form and establish a defined custody arrangement as soon as possible after the child's birth. This ensures that both parents have a say in the child's upbringing and that the child's best interests are prioritised.
If you are an unmarried parent in Minnesota facing child custody issues, it is advisable to consult with an experienced child custody lawyer who can guide you through the legal process and protect your rights.
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Frequently asked questions
No, common law marriage is not recognized in Minnesota. Common law marriage was abolished in Minnesota in 1941.
Common law marriage refers to a situation in which a couple is considered legally married simply because they live together for a long time and present themselves as a married couple, despite not having followed the legal procedures to be married under state law.
In Minnesota, unmarried couples have no rights to each other's property unless both parties sign a written contract. However, if an unmarried couple has children together, they have custodial rights to their children and can collect child support to help financially support them.
A putative spouse is a person who is considered to be validly married to another person but is not due to a technical impediment, such as the failure to obtain a marriage license. In Minnesota, if a person has cohabited with another person in the good faith belief that they are married, they will be considered a putative spouse and granted the same rights as a legal spouse in a divorce proceeding.
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