Kara Sears
Common-law marriage is a legal concept where a couple is considered legally married despite not having a marriage license or a formal ceremony. In the US, only a handful of states recognize common-law marriage, and Minnesota is not one of them. In Minnesota, common-law marriage was abolished in 1941. However, the state does recognize common-law marriages that were legally established in other states or jurisdictions before the couple moved to Minnesota. While Minnesota does not have common-law marriage, it does recognize the concept of a putative spouse, where an individual is considered a legally valid spouse despite a technical impediment, such as the lack of a marriage license. This status grants the putative spouse the same rights as a legal spouse, including the right to ask for spousal support in the event of a separation.
| Characteristics | Values |
|---|---|
| Common law marriage recognised in MN? | No |
| Year abolished in MN | 1941 |
| Recognition of common-law marriages from other states | Yes |
| Number of states that recognise common law marriage | 7 or 11 |
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What You'll Learn
- Common law marriage in Minnesota was abolished in 1941
- Minnesota courts recognise common law marriages from other states
- Putative spouses are granted the same rights as legal spouses
- Common law marriage requirements: cohabitation, intent, and age
- Common law marriages are only recognised in a few US states
Common law marriage in Minnesota was abolished in 1941
Common-law marriage is a legal concept where a couple is considered legally married despite not having a marriage license or a formal ceremony. To be considered a common-law marriage, a couple must live together for a set number of years, with the intention of being married, and present themselves to the community as a married couple.
In Minnesota, common-law marriage was abolished in 1941. This means that no matter how long two people live together or how often they tell others they are married, they cannot establish a common-law marriage in the state. However, Minnesota courts will recognize a common-law marriage that was established in another state that recognizes such marriages, as long as the couple relocates to Minnesota.
The concept of common-law marriage is quite old and is only recognized in a handful of states in the US today. These include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. In these states, couples in a common-law marriage have the same rights as legally married spouses, including the right to an equitable share of marital property in the event of a divorce.
While Minnesota does not recognize common-law marriage, the state does have a concept of a "putative spouse." A putative spouse is someone who is considered a valid spouse but is not legally married due to a technical issue, such as the failure 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 will be granted the same rights as a legal spouse, including the right to spousal support.
It is important to note that even in states that do not recognize common-law marriage, unmarried couples can still protect their rights by consulting with a family law attorney and creating a cohabitation agreement or financial plan.
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Minnesota courts recognise common law marriages from other states
Minnesota courts do recognise common-law marriages from other states, despite common-law marriages being abolished in Minnesota in 1941. This means that if a couple has a valid common-law marriage in a state that recognises such marriages, and then relocates to Minnesota, their common-law marriage will be recognised by the state.
Common-law marriage is a legal concept where a couple is considered legally married despite not having a marriage license or a formal ceremony. The laws around common-law marriage vary from state to state, but in general, certain elements must be present for a couple to be considered married under common law. These include the couple being over the age of 18 and legally capable of marrying, having the intention to be married, and living together for a certain amount of time.
In Minnesota, even though common-law marriage is not recognised, couples who have a valid common-law marriage from another state and then relocate to Minnesota will have their marriage recognised by the state. This means that they will have the same rights and privileges as legally married couples in Minnesota, including the right to ask for spousal support in the event of a divorce.
It is important to note that only a handful of states in the US recognise common-law marriages as of 2022, and the laws and requirements can vary depending on the state. These states include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
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Putative spouses are granted the same rights as legal spouses
Minnesota does not recognize common-law marriages. 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 hold themselves out as if they are married, despite not having followed the legal procedures to be married under state law.
However, Minnesota does recognize putative spouses. A putative spouse is an individual 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 an individual has cohabited with another person, believing in good faith that they are married, they would be deemed a putative spouse under Minnesota law and granted the same rights as a legal spouse, including the right to ask for spousal support.
For example, if a couple was married by valid common law in a state that recognizes common-law marriage and then relocates to Minnesota, the courts in Minnesota will recognize their common-law marriage and, therefore, their putative spouse status. Putative spouses in Minnesota are granted the same rights as legal spouses, including the right to an equitable share of the couple's marital property in the event of a divorce.
It is important to note that the putative spouse status lasts only 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. Furthermore, the rights acquired by a putative spouse do not supersede the rights of a legal spouse or those acquired by other putative spouses. In such cases, the court will apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.
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Common law marriage requirements: cohabitation, intent, and age
Common-law marriage, also known as non-ceremonial marriage, is a marriage that results from the couple's agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. In the US, most states have abolished common-law marriage by statute. However, it is still recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma, and the District of Columbia.
Cohabitation
Cohabitation is a requirement for common-law marriage. Couples must live together for a "significant" period, and their cohabitation must be voluntary. In medieval Europe, cohabitation for a moderate period was considered sufficient to constitute a marriage. In the US, the requirement of cohabitation varies by state. For example, in Colorado, common-law marriage is recognised if the couple cohabits after the age of 18.
Intent
The intention to be married is a crucial aspect of common-law marriage. Couples must hold themselves out to the world as husband and wife, and this intention must be mutual. They must inform others that they consider themselves married and organise their relationship as such. In the case of D. Velusamy v D. Patchaiammal (2010), the Supreme Court of India clarified that a "relationship in the nature of marriage" is distinct from a casual relationship or a "live-in relationship".
Age
To enter into a common-law marriage, individuals must be of marriageable age. The specific age requirement may vary depending on the jurisdiction. For example, in Colorado, both parties must be 18 years or older.
In Minnesota, common-law marriage was abolished in 1941. Therefore, no matter how long a couple lives together or expresses their intention to be married, a common-law marriage cannot be established in this state. However, Minnesota courts will recognise a valid common-law marriage established in another state that permits it.
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Common law marriages are only recognised in a few US states
Common-law marriage is a legal concept that can be tricky to define. It generally refers to a couple deemed legally married based on cohabitation and their mutual agreement to be spouses, despite not obtaining a marriage license or undergoing a formal ceremony. While common-law marriages were once recognised in many US states, only a handful of states continue to recognise them.
Minnesota is not one of the states that recognise common-law marriage. It abolished this type of marriage in 1941. However, Minnesota courts will acknowledge a common-law marriage established in another state that legally recognises such unions. In this case, the couple relocating to Minnesota would have their common-law marriage recognised and treated as a legal marriage in the state.
The requirements for a valid common-law marriage vary across the few states that still uphold this tradition. For example, in Colorado, a common-law marriage is only valid if both parties were at least 18 years old when they entered the union and if their marriage does not break any existing laws. Meanwhile, the District of Columbia mandates a mutual agreement in the present tense to enter a state of matrimony and the consummation of their agreement by cohabitating as husband and wife.
The concept of common-law marriage is rooted in a time when marriage was more of a community institution than a legal one. Today, only a small number of states, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah, continue to recognise common-law marriages, each with its own specific requirements.
While the number of states recognising common-law marriages has decreased, the legal concept remains relevant, particularly when couples with such marriages relocate to a state like Minnesota, which does not inherently recognise common-law marriages but respects those established elsewhere.
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Frequently asked questions
No, common law marriage was abolished in Minnesota in 1941.
Common law marriage is a marriage that is recognised by law, even though the couple did not get a marriage license or have a formal ceremony. The laws around common law marriage vary from state to state, but in general, there are several elements that must be present before a couple can be considered married under common law. This includes being over the age of 18 and free to marry, having the intention to be married, and living together for a certain amount of time.
Yes, if you had a valid common law marriage and then separate, you will need to get divorced under the same laws that apply to ending all marriages in Minnesota.
Yes, Minnesota will recognise a common law marriage if it was legally created in one of the states that recognise common law marriage.
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