Gavin Howe
Common-law marriage, also known as non-ceremonial marriage, is a legally recognized marriage between two people who have not purchased a marriage license or had a formal ceremony. While most American jurisdictions do not allow common-law marriage, a minority of states do. New Hampshire is one of the states that does not allow the formation of new common-law marriages, but it will recognize them for inheritance purposes in limited circumstances. This means that if an unmarried couple lives together for at least three years and one partner passes away, the surviving partner can file a legal action to receive their fair share of the deceased partner's assets, provided that they acknowledged each other as spouses and were regarded as such by their community.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | Only in limited circumstances, such as inheritance. |
| Requirements for common law marriage | Cohabit and acknowledge each other as spouses for at least three years until the death of one of them. |
| New marriages | Only created through a ceremony. |
| Marriage license | Required for new marriages. |
| Waiting period | None after receiving a marriage license. |
| Marriage license validity | 90 days from the date of filing. |
| Recognition of common law marriages from other states | Yes. |
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What You'll Learn
New Hampshire doesn't allow new common-law marriages
Common-law marriage, also known as non-ceremonial marriage, is a legally recognized marriage between two people who have not purchased a marriage license or had a formal ceremony. In the United States, common-law marriage has existed since 1877, and while it may sound archaic, it still exists in some form in 10 states and the District of Columbia. Five of these states recognize common-law marriage with some restrictions.
New Hampshire is not one of the states that allow new common-law marriages. To marry in New Hampshire, a couple must go through a ceremony. They must first apply for a marriage license from a city or town clerk of court and provide photo ID and proof of age. However, New Hampshire does recognize common-law marriages from other states as fully legal and valid.
While New Hampshire doesn't allow new common-law marriages, it does recognize them in limited circumstances, specifically for inheritance purposes. If an unmarried couple lives together for at least three years and one partner passes away, the surviving partner can file a legal action to receive their fair share of the deceased partner's assets. To do so, the couple must have acknowledged each other as spouses, behaved as a married couple, and been regarded as spouses by their community.
The relevant statute for common-law marriage in New Hampshire is RSA 457:39, which uses the phrase "cohabitation" instead of "common-law marriage." This statute has been in place since at least 1842, and the language has remained almost unchanged.
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Common-law marriages are recognised for inheritance purposes
New Hampshire does not allow new common-law marriages to be formed. However, it does recognise common-law marriages for inheritance purposes in limited circumstances.
If a couple meets the following requirements, the surviving member can file a legal action to obtain their fair share of their deceased partner's assets:
- The couple lived together for at least three years before one of them died.
- They acknowledged each other as spouses during this time.
- They behaved as if they were a married couple, not merely romantic partners, in their dealings with each other.
- They were regarded as spouses by their community.
- They held themselves out as a married couple to their family, friends, and community.
New marriages in New Hampshire can only be created through a ceremony. To marry, one must obtain a marriage license from a city or town clerk of court. There is no waiting period to marry once the license is obtained, but it is only valid for 90 days.
If a couple has a valid common-law marriage in another state and it ends while they reside in New Hampshire, they will have to go through a formal divorce, dividing their assets and liabilities and making decisions about custody and visitation.
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Common-law marriages are recognised if established in another state
Common-law marriages are recognised in New Hampshire if they were established in another state. This is due to the full faith and credit clause of the United States Constitution, which requires courts of all other states to recognise marriages that were legally established in one state.
New Hampshire does not allow new common-law marriages to be formed within the state. However, it does recognise common-law marriages from other states where they are allowed. This recognition extends to divorce proceedings, where the division of assets and liabilities, and decisions about custody and visitation, are handled in the same way as for couples with ceremonial marriages.
Common-law marriages are a type of non-ceremonial marriage, where a couple meets the specific requirements of their state law and are considered legally married, even without a legal ceremony or official documentation. This type of marriage has existed in the United States since 1877, and while most states do not allow it, a minority still do.
In New Hampshire, common-law marriages are only recognised in limited circumstances, such as for inheritance purposes. If an unmarried couple has lived together for at least three years and one partner passes away, the surviving partner can file a legal action to receive their fair share of the deceased partner's assets. To be recognised as a common-law marriage, the couple must have acknowledged each other as spouses and behaved as a married couple, and the community must have regarded them as such.
Therefore, while New Hampshire does not allow the formation of new common-law marriages within the state, it does recognise common-law marriages established in other states and will treat them as legally valid.
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Common-law marriage is a non-ceremonial marriage
In the United States, common-law marriage has existed since 1877. While most American jurisdictions do not allow common-law marriage, a minority of states do. Common-law marriage, or non-ceremonial marriage, is a legally recognised marriage between two people who have not purchased a marriage license or had a formal ceremony.
New Hampshire does not allow people to form new common-law marriages, but it will recognise them for inheritance purposes. The state will only recognise common-law marriage in limited circumstances, such as when a couple has cohabited for three or more years before one of them dies. In such cases, the surviving partner may be treated as the spouse of the deceased and can file a legal action to receive their fair share of the deceased partner's assets.
The relevant statute in New Hampshire is RSA 457:39, which uses the phrase "'cohabitation' instead of 'common-law marriage'". This statute outlines that for a common-law marriage to be recognised, the couple must have cohabited and acknowledged each other as husband and wife, and they must have been generally reputed as such for at least three years until the death of one of them.
It is important to note that the recognition of a common-law marriage depends on individual state or foreign law, and the specific requirements may vary. While common-law marriage provides a way for unmarried couples to be legally recognised as spouses, most states, including New Hampshire, have specific requirements and limitations that must be met for this recognition.
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Common-law marriage is recognised in limited circumstances
Common-law marriage, also known as non-ceremonial marriage, is a legally recognised marriage between two people who have not purchased a marriage license or solemnised their union through a formal ceremony. In the United States, common-law marriage has existed since 1877, and while most states do not allow it, a minority, including New Hampshire, recognise it in limited circumstances.
New Hampshire does not allow new common-law marriages to be formed. However, it does recognise common-law marriages in specific situations, primarily related to inheritance and the dissolution of a relationship.
In the case of inheritance, if an unmarried couple has lived together for at least three years and one partner passes away, the surviving partner can file a legal action to receive their fair share of the deceased partner's assets. To be successful, the couple must have acknowledged each other as spouses and behaved as a married couple in their private dealings and before their community.
Additionally, if a couple has established a valid common-law marriage in another state that recognises such unions, and their relationship ends while they reside in New Hampshire, they will have to go through a formal divorce process. This includes dividing assets and liabilities and making decisions about child custody and visitation, just as couples with ceremonial marriages would.
While New Hampshire's recognition of common-law marriage is narrow in scope, it demonstrates the state's acknowledgment of the diverse ways in which couples may choose to establish their unions and the legal protections that may be necessary in certain circumstances.
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Frequently asked questions
A common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or had a formal ceremony.
New Hampshire does not allow people to form new common-law marriages, but it will recognise them for inheritance purposes.
The couple must cohabit for at least three years, acknowledge each other as spouses, behave as a married couple, and be regarded as spouses by the community.
New Hampshire courts will recognise your common-law marriage as fully legal and valid.
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