Anaya Nolan
Pennsylvania, along with five other states, has enacted legislation that no longer recognizes common-law marriages. This legislation came into effect on January 1, 2005, and any common-law marriages established after this date are not legally recognized in the state. However, Pennsylvania still recognizes common-law marriages that were formed before this date. While it is challenging to prove a common-law marriage, it can be done with clear and convincing evidence, such as statements from blood relatives and various documents.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No, as of January 1, 2005 |
| Common law marriage recognized before 2005 | Yes, if certain conditions were met |
| Conditions for common law marriage | Cohabitation, holding out to the public as a married couple, exchanging "words in the present tense" with the specific purpose of establishing a marital relationship, having a "reputation of marriage" |
| Proof of common law marriage | Statements from blood relatives, mortgage or rent receipts, insurance policies, bank records, statement from surviving spouse, statements from blood relatives of deceased spouse |
| Parental rights and responsibilities | Unaffected by the discontinuation of common law marriage |
| Property rights | Unmarried couples can take measures to protect their rights and assets and ensure a fair split |
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What You'll Learn
Common-law marriage recognition ended in 2005
Pennsylvania stopped recognizing common-law marriages as of January 1, 2005. The state's legislature passed a law that invalidated any common-law marriage formed after this date. This was done to bring predictability to the legal status of marriage in Pennsylvania.
However, couples may still be recognized as married if they established a valid common-law marriage in Pennsylvania before January 2, 2005, or in another state that recognized common-law marriages at the time. This recognition of pre-2005 common-law marriages also applies to same-sex couples, as Pennsylvania did not recognize the right to same-sex marriage until 2014.
Even if a couple claims they entered into a common-law marriage before 2005, it is not easy to prove that their relationship qualified under the state's legal requirements. They must provide clear and convincing evidence that they exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. This could include proving that they had a reputation of marriage and were broadly considered to be married in their community.
The uncertainty regarding the legal status of common-law marriages, especially those formed before 2005, can be emotionally and financially challenging for long-term cohabitants in Pennsylvania. It is important for individuals in these relationships to understand their rights, particularly if one partner passes away. While common-law marriages are no longer recognized in Pennsylvania, individuals in these relationships may still be protected by state contract or tort laws in disputes over property rights or other issues.
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Same-sex common-law marriages and benefits
Pennsylvania stopped recognizing common-law marriages as of January 1, 2005. However, it recognizes common-law marriages formed before this date. There is uncertainty regarding the legal status of common-law marriages, particularly if one partner passes away. While proving a common-law marriage is challenging, it can be done by providing clear and convincing evidence of exchanging "words in the present tense" with the specific purpose of establishing a marital relationship.
Regarding same-sex common-law marriages, Pennsylvania's Marriage Laws, which prohibited same-sex marriage and the recognition of out-of-state same-sex marriages, were deemed unconstitutional in 2013. This ruling resulted from a lawsuit brought by the American Civil Liberties Union (ACLU) and Gay and Lesbian Advocates and Defenders (GLAD) on behalf of 23 plaintiffs, arguing that the ban violated equal protection and due process guarantees. As a result, same-sex couples can marry in Pennsylvania, and those married in other jurisdictions will be recognized as married in the state.
Same-sex couples in Pennsylvania now have the same rights and obligations as opposite-sex married couples, including the ability to divorce in the state. They can also add their spouse's name to the deed of their house without incurring real estate transfer tax. Additionally, validly married same-sex couples will be treated the same as opposite-sex couples for tax purposes, and individuals taxed on employer-provided health benefits for their spouse in the past may be eligible for a refund. There are also federal benefits, including filing joint income tax returns, estate tax benefits, veteran and military benefits, federal employment benefits, and immigration benefits.
However, it is important to note that the question of Social Security benefits for same-sex common-law marriages remains legally unsettled and is being addressed through state courts. While the Social Security Administration recognizes same-sex marriage and common-law marriages, the specific benefits and eligibility criteria can vary.
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Parental rights and responsibilities
Pennsylvania stopped recognizing common-law marriages as of January 1, 2005. However, if a couple established a common-law marriage before this date, they may still be recognized. To prove a common-law marriage, couples must provide clear and convincing evidence that they exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. This might include statements from blood relatives, mortgage or rent receipts, insurance policies, or bank records.
- Parents have the right to make major decisions on behalf of their children, including those related to their safety and well-being.
- Parents are responsible for providing essential and proper care for their children, including financial support.
- Parents can voluntarily terminate their parental rights, typically in the case of a birth parent surrendering their child for adoption. This process involves working with an adoption agency and can take several months.
- Involuntary termination of parental rights may occur if a parent can no longer care for their child due to abuse, neglect, incapacity, or other reasons. The courts will review and make a determination on the outcome.
- Unmarried fathers in Pennsylvania do not have any rights or responsibilities as a parent until a court determines paternity. Once paternity is established, fathers have the right to visitation and child support, regardless of their marital status with the mother.
- Grandparents and great-grandparents may file for partial or supervised physical custody of their grandchildren in certain situations, such as when the child's parent is deceased.
- In cases of custody disputes between non-parents, the court will determine the best interest of the child without any presumption that custody should be awarded to a particular party.
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Division of property
Pennsylvania stopped recognizing common-law marriages as of January 1, 2005. However, if a couple established a common-law marriage before this date, they may still be recognized. To prove a common-law marriage, couples must provide clear and convincing evidence that they exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. This can include providing statements from blood relatives affirming the marriage, as well as other documentation such as mortgage or rent receipts, insurance policies, or bank records.
In Pennsylvania, marriage is viewed as a relationship between partners, taking into account the monetary and non-monetary contributions of each spouse to the family unit. Even if one partner did not earn an income, they are still considered to have contributed to the family's wealth and have rights to a percentage of the property.
Pennsylvania is an equitable distribution state, which means that marital property is divided "equitably" rather than equally. Marital property includes all property acquired during the marriage, regardless of how it is titled. This includes gifts between spouses purchased with marital funds and, in some cases, the increase in value of any non-marital property. Non-marital property refers to property acquired before marriage, through inheritance, or by gift from a third party.
When dividing property, the court will consider various factors, including the value of the property, the standard of living established during the marriage, and the economic circumstances of each party, including tax ramifications. The court will also take into account issues of alimony and spousal support, as well as whether one spouse wasted marital property, which can affect alimony awards.
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Proving a common-law marriage
Pennsylvania stopped recognizing common-law marriages after January 1, 2005. However, if you had established a common-law marriage before this date, your marriage is still valid and recognized by the state.
To prove a common-law marriage in Pennsylvania, you must provide clear and convincing evidence that you and your partner exchanged words in the present tense with the specific purpose of establishing a marital relationship. This is often referred to as a reputation of marriage, meaning you were broadly considered to be married in your community.
There are no specific words that need to be spoken, but the purpose of the exchange must be clear and explicit. Simply agreeing that you "will get" married does not constitute a common-law marriage, as this forms an engagement. Similarly, a couple cannot prove a common-law marriage by showing that they lived together, had children together, or owned property together.
If both spouses are alive, each must provide a statement affirming the marriage, along with statements from their own blood relatives. If one spouse has passed away, the surviving spouse must provide their own statement, a statement from one of their blood relatives, and two statements from blood relatives of the deceased.
In addition to these statements, other types of evidence that may be useful in proving a common-law marriage include documents showing that you lived together (such as jointly signed leases or mortgages) and testimony from friends and community members who considered you and your spouse to be married.
It is important to note that proving a common-law marriage can be challenging, and it is recommended to seek the help of a family law attorney who can guide you in gathering the right kind of evidence to convince a judge that your relationship qualifies as a common-law marriage.
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Frequently asked questions
No, Pennsylvania does not recognize common-law marriages as of January 1, 2005. However, it may still recognize marriages formed before this date.
Common-law marriages are marital statuses achieved not through a license or ceremony but through the actions and intentions of a couple. There are generally accepted criteria for establishing such a marriage, including cohabitation and holding themselves out to the public as a married couple.
Common-law marriages are legally recognized, providing the same rights and responsibilities as couples who are legally married. This includes property rights and parental responsibilities.
It is challenging to prove a common-law marriage in Pennsylvania. You need clear and convincing evidence, such as statements from blood relatives affirming the marriage and documentation like mortgage or rent receipts.
