Kara Sears
There is a lot of confusion and misinformation about common-law marriages in Maryland. While a common-law marriage cannot be formed in Maryland, the state does recognize common-law marriages created outside of the state as valid, provided the legal requirements of the other jurisdiction have been met. This means that couples who have a valid common-law marriage in another state or country will have the same legal rights and obligations as couples with a legal marriage in Maryland. However, it's important to note that only a few U.S. jurisdictions allow the creation of common-law marriages, and the requirements vary from state to state. Determining whether a couple has a valid common-law marriage can be complex, and legal action is necessary to dissolve such a marriage.
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What You'll Learn
Common law marriage definition
A "common-law marriage" is a type of marriage where a couple becomes legally married without participating in a lawful ceremony. Instead, the couple lives together for a long period, intending to be married and holding themselves out to others as married. The original concept of a "common-law marriage" is one considered valid by both partners but is not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service.
In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one in which the parties stated that they took one another as wife and husband, even in the absence of any witnesses. The Catholic Church forbade clandestine marriage at the Fourth Lateran Council in 1215, which required all marriages to be announced in a church by a priest. The Council of Trent (1545–1563) introduced more specific requirements, ruling that future marriages would only be valid if witnessed by the pastor of the parish or the local ordinary (the bishop of the diocese), or by the delegate of one of said witnesses.
In the United States, only a few jurisdictions allow the creation of common-law marriages, including Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and Utah. Each jurisdiction has its own requirements that couples must meet, which can vary from state to state. Common-law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple, including Social Security.
Maryland does not recognize common-law marriages created within the state. However, it does recognize common-law marriages created outside of the state if the legal requirements of the other jurisdiction have been met. Maryland courts can and will grant divorces to and determine the rights of "common-law" married parties now living in Maryland.
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Common law marriage in Maryland
Common law marriage is a type of marriage where a couple becomes legally married without participating in a lawful ceremony. Instead, they live together for a long period of time, intending to be married and holding themselves out to others as married. While some US states allow common law marriages, others, like Maryland, do not.
Maryland does not allow common law marriages to be formed within the state. This means that, regardless of a couple's history or living situation, they cannot obtain legal rights from their relationship unless they enter some type of legal agreement, such as a cohabitation agreement. However, Maryland does recognize common law marriages created outside of the state, provided that the legal requirements of the other jurisdiction have been met.
For example, in Laccetti v. Laccetti (1967), the Maryland Court of Appeals affirmed a divorce of a common law marriage entered in Washington, D.C. The Maryland high court ruled that the marriage was valid in Maryland under the common law doctrine of marriage recognition.
Maryland courts can and will grant divorces to and determine the rights of “common law” married parties now living in Maryland. However, a couple believing themselves to be in a common law marriage may be required to prove that their marriage is valid, which can be complex, and they may need to consult an attorney.
Overall, while common law marriage is not recognized in Maryland, the state does acknowledge common law marriages formed in other jurisdictions that meet the legal requirements.
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Dissolution of a common law marriage
While a common law marriage can be formed without a legal ceremony, the dissolution of a common law marriage must be done through legal action, as there is no "common law marriage divorce". A legal divorce or annulment is required to end a common law marriage. Simply parting ways or breaking up will not end the marriage.
In Maryland, a common-law marriage cannot be created. However, Maryland does recognize common-law marriages created outside of Maryland if the legal requirements of the other jurisdiction have been met. For instance, in Laccetti v. Laccetti, 245 Md. 97 (1967), the Maryland Court of Appeals affirmed a divorce of a common-law marriage entered in Washington, D.C.
Maryland courts can and will grant divorces to and determine the rights of "common law" married parties now living in Maryland. A couple believing themselves to have a common-law marriage may be required to prove that their marriage is valid. This is likely to arise in a divorce or upon the death of either spouse to claim an inheritance, survivor benefits from retirement, or social security.
Determining whether you have a valid common-law marriage can be complex, and you should consult an attorney. Generally speaking, a "common law marriage" is a type of marriage where 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.
In Maryland, marital property is property that you and your spouse acquired during your marriage. It can include real estate, bank accounts, pension and retirement accounts, vehicles, furniture, and other personal property, and businesses. You and your spouse can reach an agreement to divide marital property. If you cannot agree, you and your spouse will need to complete a Joint Statement of the Parties Concerning Marital and Non-marital Property (CC-DR-033) to help the court decide who gets what.
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Recognition of common law marriages from other jurisdictions
Maryland does not allow a common-law marriage to be formed within the state. However, it does recognize common-law marriages formed in other jurisdictions, provided that the legal requirements of the other jurisdiction are met. This means that if a couple has a valid common-law marriage in another state or country, and then moves to Maryland, their marriage will be recognized as valid in Maryland.
Maryland courts have granted divorces to parties with common-law marriages from other jurisdictions, such as in the case of Laccetti v. Laccetti, where the Maryland Court of Appeals affirmed a divorce of a common-law marriage that was entered in Washington, D.C.
There are two main exceptions to Maryland's recognition of common-law marriages from other jurisdictions. Firstly, the type or circumstances of the marriage must not be prohibited by the Maryland Legislature. Secondly, the marriage cannot be repugnant to Maryland public policy. However, Maryland has never refused to recognize a marriage based on these exceptions.
It is important to note that only a few U.S. jurisdictions currently allow the creation of new common-law marriages, including Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and Utah. The requirements for a valid common-law marriage vary by jurisdiction, and some states, such as Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognize common-law marriages formed before a certain date.
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Benefits of common law marriage
Common law marriage is a legal concept that allows couples to be considered married without going through a formal ceremony or obtaining a marriage license. While it is not recognised in all states, common law marriage does offer several benefits.
One advantage of common law marriage is that it allows couples to enjoy the same marital rights and responsibilities as formally married couples, including tax benefits, inheritance rights, and certain employment perks. For example, common law spouses are exempt from the gift tax for gifts exchanged between them, and they can claim deductions for mortgage interest if they co-own a house or have children. Additionally, common law spouses may be eligible for spousal Social Security benefits, including spousal retirement, survivor benefits, and disability benefits.
Another benefit of common law marriage is the flexibility it offers to couples who may not want to undergo a traditional marriage ceremony due to personal, religious, or financial reasons. Common law marriage allows these couples to have their relationships legally recognised and protected, providing peace of mind and security for both partners.
Furthermore, common law marriage can be particularly advantageous for same-sex couples, especially in states that previously did not recognise same-sex marriages. In such cases, common law marriage can provide a pathway for same-sex couples to have their relationships legally acknowledged and protected, ensuring that they have the same rights and benefits as other married couples.
However, it is important to note that common law marriage also has its challenges and potential disadvantages. For example, proving the existence of a common law marriage can be difficult, especially if one partner denies the intention to be married. Additionally, common law marriages may not provide the same legal protections as traditional marriages, leaving individuals vulnerable in certain situations, such as medical emergencies or inheritance disputes. Therefore, couples considering common law marriage should be fully aware of the legal implications and take appropriate steps to protect their rights and interests.
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Frequently asked questions
A common-law marriage is a type of marriage where 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.
No, a couple cannot obtain a common-law marriage in Maryland. 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 created outside of Maryland if the legal requirements of the other jurisdiction have been met.
The requirements for a valid common-law marriage vary from state to state. However, some basic elements include living in a state that honors common-law marriages and having the legal capacity to enter into such a marriage, such as being of legal age and having a sound mind.
Unmarried couples in Maryland can enter into a cohabitation agreement, which provides a memorialization of the terms of their lives together and sets arrangements for what should happen in the event of a breakup or death.
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