Keith Mack
In the state of Massachusetts, common-law marriage is not recognized. However, if a couple is considered married by common law in another state, Massachusetts will recognize their marriage. Couples who wish to be considered married in Massachusetts have two options: getting married through the state's formal process or applying for domestic partnership. Domestic partnerships are great for couples who want to share healthcare coverage, gain hospital visitation rights, or access other legal benefits associated with marriage. To be considered domestic partners in Massachusetts, couples must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No, except when it involves a couple who were considered married by it in another state |
| Common law marriage termination | Divorce |
| Common law marriage proof | Yes, in situations involving inheritance, medical decisions, etc. |
| Common law marriage criteria | Holding yourself out to be married, living together, having children together, filing joint tax returns, assuming the other's last name |
| Common law marriage benefits | Same as married couples |
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What You'll Learn
Massachusetts does not recognise common-law marriage
In Massachusetts, common-law marriage is not recognised. However, there are exceptions to this rule. For instance, if a couple is considered married by common law in another state, Massachusetts will recognise their marriage. This is due to the Full Faith and Credit Clause, which requires Massachusetts to honour the marriage laws of other states.
Common-law marriage is a concept where a couple is considered lawfully married by agreeing to live together and conducting themselves as a married couple. This includes sharing bank accounts, buying property together, making major decisions together, and raising children together. While it may seem that these couples are married, they are not considered legally married as they have not had an official marriage ceremony.
In Massachusetts, there are only two options for couples who want to be recognised as married: getting married or applying for a domestic partnership. A domestic partnership is an alternative for couples who want to share healthcare coverage, have hospital visitation rights, or need other legal benefits associated with marriage. To be considered domestic partners, couples must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family.
It is important to note that the process of ending a common-law marriage in Massachusetts is the same as a traditional marriage. Couples will need to go through the divorce process to obtain a decree that specifies the date of their lawful divorce. Without this decree, they could be held liable for their ex-spouse's future debts and liabilities.
Additionally, common-law marriages can be challenging when it comes to inheritance and medical decision-making. In the event of a spouse's death or disability, the surviving spouse may need to prove the validity of the common-law marriage to claim benefits, inherit property, or make medical decisions. This can be especially difficult if the marriage was recognised in a different state that allows common-law marriage.
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Common-law marriage in other states
In the United 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 survives in a handful of states. Only about ten states unequivocally allow for common-law marriages, while a few others have limited recognition.
The following states fully recognize common-law marriages, at least for those established before certain dates:
- Alabama (if created before January 1, 2017)
- Colorado
- Florida (if created before January 1, 1968)
- Georgia (if created before January 1, 1997)
- Indiana (if created before January 1, 1958)
- Iowa
- Kansas
- Montana
- Ohio (if created before October 10, 1991)
- Oklahoma
- Pennsylvania (if created before January 1, 2005)
- Rhode Island
- Texas
- Utah
- South Carolina
- New Hampshire
Additionally, the District of Columbia and the Commonwealth of the Northern Mariana Islands recognize common-law marriages, while the Territory of Guam does not.
It is important to note that the requirements for common-law marriage vary by state. Generally, couples must hold themselves out as a married couple, using the same last name, filing joint tax returns, and conducting themselves as husband and wife. Some states also require proof of a "meeting of the minds," demonstrating that both parties intended to enter into a lawful marriage.
While Massachusetts does not recognize common-law marriages formed within the state, it must recognize common-law marriages from other states due to the Full Faith and Credit Clause. This clause requires Massachusetts to honor the marriage laws of other states, including common-law marriages that meet the requirements of the state in which they were established.
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Rights of unmarried couples in Massachusetts
In the state of Massachusetts, unmarried couples have fewer legal rights and protections than married couples. The state does not recognize common-law marriage, and unmarried couples are treated as strangers in the eyes of the law. This means that unmarried couples do not have the same rights to property, inheritance, and decision-making as married couples. For example, if an unmarried person passes away without a will or estate plan, their property will go to their surviving blood relatives, not their partner.
However, there are some rights that unmarried couples in Massachusetts can access through domestic partnership or cohabitation agreements. These agreements can help unmarried couples protect their assets, make financial decisions, and plan for end-of-life care. Domestic partnership ordinances in Massachusetts are grounded in "home rule statutes," which grant local governments the power to initiate legislation not specifically authorized by the state legislature. Cities like Somerville, Cambridge, and Arlington have multiple-partner domestic partnership ordinances in place.
Unmarried couples in Massachusetts can also seek legal assistance to protect their interests and rights in areas such as hospital visitation, decision-making capacity, and inheritance. Proper estate planning can help unmarried couples secure the rights that are important to them and their families. Additionally, a contract between two unmarried cohabitants is valid and enforceable in Massachusetts, allowing for the division of assets acquired during the relationship in the event of a separation.
While it is not a right specifically for unmarried couples, Massachusetts law prohibits refusing to rent or lease property to unmarried couples or withholding public housing benefits from them due to their marital status. This ensures that unmarried couples have equal opportunities in accessing housing.
Overall, while unmarried couples in Massachusetts face some legal limitations, they can take steps to protect their rights and interests through domestic partnerships, cohabitation agreements, estate planning, and legal assistance.
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Divorce and inheritance cases
Common law marriage is not recognized in Massachusetts unless it involves a couple who were considered married under common law in another state. In other words, the only way to obtain a common law marriage in Massachusetts is by obtaining one while living outside of the state. However, this does not mean that common law marriages from other states do not impact Massachusetts law in the realm of divorce and inheritance.
In Massachusetts, it is not uncommon for judges to encounter divorce cases involving a common law marriage formed in another state. For example, if a couple with a common law marriage from a state like Rhode Island or New Hampshire moves to Massachusetts and then divorces, their common law marriage will still be recognized in Massachusetts.
Proving that a deceased person was part of a common law marriage in Massachusetts is complex. The first challenge is that at least one major witness who could testify about the relationship is likely deceased. Secondly, the common law marriage, if it occurred at all, must have happened in another state where common law marriage was legal.
In Massachusetts, the term "marital property" includes all assets owned by the couple at the time of divorce, including those inherited before the marriage. If you inherit property before marriage, and your spouse does not contribute to it or benefit from it, the court might consider it separate property and allow you to keep it. However, if your spouse contributed to or benefited from the inherited property, it will likely be considered marital property and divided equitably in the event of a divorce.
If you are facing a divorce and believe your inheritance might be at risk, it is important to consult with experienced divorce attorneys who can help protect your inheritance and ensure your interests and rights are upheld.
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Proving common-law marriage
Proving a common-law marriage in Massachusetts is a complex process. The state does not recognise common-law marriages, meaning that couples cannot enter into a common-law marriage while living in Massachusetts. However, under the Full Faith and Credit Clause of the U.S. Constitution, Massachusetts must recognise common-law marriages that were validly formed in another state.
This means that if a couple lived in a state that recognised common-law marriage and met the requirements for this status, their marriage should be recognised in Massachusetts. The specific requirements to establish a common-law marriage vary from state to state. For example, some states consider couples to have a common-law marriage if they have lived together for seven years. In general, couples will need to follow the requirements of the state in which their common-law marriage was recognised.
Some examples of documentation that may help prove a common-law marriage include:
- Bank statements showing joint ownership of accounts
- Deeds to jointly owned property
- Insurance policies naming the other party as a beneficiary
- Birth certificates and school records naming both parties as parents
- Employment records listing the other party as a spouse or partner
It is important to note that proving a common-law marriage in Massachusetts can be challenging. The state's judges may be unfamiliar with the legal standards and issues of proof involved in common-law marriage cases. Additionally, there may be practical challenges, such as evidence and witnesses being located in another state.
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Frequently asked questions
No, common-law marriage is not legal in Massachusetts. However, if a couple is considered married by common law in another state and then moves to Massachusetts, the state must recognize that marriage.
It is not possible to enter into a common-law marriage in Massachusetts. The only way to obtain a common-law marriage in Massachusetts is by obtaining one while living outside of the state.
Common-law couples often bear the burden of having to prove their status as a lawfully married couple. This may include filing joint tax returns, assuming the other's last name, presenting themselves as married, and having children together.
Couples who are interested in common-law marriage have two options in the state of Massachusetts: getting married or applying for domestic partnership.
