Gavin Howe
Common-law marriage, a marriage considered valid solely by cohabitation and mutual agreement, has existed as a fundamental right in the United States since the arrival of the first settlers. While some states in the U.S. continue to recognize common-law marriages, Michigan is not one of them, having abolished the practice in 1957. However, Michigan will recognize common-law marriages that occurred in other jurisdictions, and any couple considered common-law prior to 1957 is still viewed as such.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Common-law marriage is not recognized in Michigan, having been abolished in 1957. |
| Rights of unmarried couples | Unmarried couples do not have the same legal rights as married couples, particularly regarding property and asset division. |
| Protection of assets for unmarried couples | Cohabitation agreements can outline asset division in the event of separation, but cannot address child custody or support. |
| Recognition of common-law marriage from other states | Michigan will recognize common-law marriages that are valid in other states, provided certain requirements are met. |
| Requirements for common-law marriage recognition in Michigan | Couples must meet the legal requirements for common-law marriage in their home state and must have cohabitated there. |
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What You'll Learn
- Michigan abolished common-law marriage in 1957
- Common-law couples from other states may be recognised in Michigan
- Unmarried couples in Michigan can protect their rights with cohabitation agreements
- Common-law marriage was recognised in Michigan before 1957
- Common-law marriage is a fundamental right in the US since the first settlers
Michigan abolished common-law marriage in 1957
In Michigan, common-law marriage is no longer recognized, having been abolished in 1957. This means that, no matter how long a couple has been together, they do not have the same legal rights as a married couple regarding property and asset division. Services rendered during the relationship are legally considered gratuitous.
Before 1957, Michigan did recognize common-law marriages. The theory behind it was that if a couple was willing to present themselves to others as married, they could not later deny that fact. When common-law marriages were recognized in the state, a common-law couple that broke up would be treated the same way as a married couple going through an official divorce.
In 1838, Michigan passed a law that stated that marriages could be solemnized by any justice of the peace in the county in which he was chosen, or by any minister of the gospel who had been ordained in the state. The law was formalized to require either a justice of the peace or a minister to solemnize a marriage. However, in 1877, the United States Supreme Court heard the case of Meister v. Moore, which challenged this law. The court ruled that Michigan's law did not require marriages to be validated by a justice of the peace or a minister, but instead stated that such solemnization was discretionary. This meant that common-law marriages were still valid in Michigan.
Today, Michigan does not legally recognize common-law marriage, but it will respect a common-law marriage that occurred in another jurisdiction. While Michigan does not recognize common-law marriages, it does allow some common-law couples certain rights. For example, if a couple was considered common-law before 1957, they are still viewed as such, and common-law rules will apply if they break up. Additionally, Michigan will recognize common-law marriages from other states as long as certain requirements are met, including that the couple must have met the legal requirements for common-law marriage within their home state and cohabitated with each other there.
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Common-law couples from other states may be recognised in Michigan
Michigan abolished common-law marriage in 1957. However, under the 'full faith and credit' clause of the United States Constitution, the state will recognise common-law marriages that occurred in other states that still recognise such unions.
For example, if a couple is considered to be in a common-law marriage in Iowa and then moves to Michigan, Michigan will still recognise the couple as common-law. However, the couple must have complied with the common-law requirements of their previous state. Simply living together in the previous state may not be enough.
To be recognised as a common-law couple in Michigan, the couple must meet the following requirements:
- The state from which the couple moved must recognise common-law marriage.
- The couple must meet the legal requirements for common-law marriage within their home state.
- The couple must have cohabitated with each other in their home state.
When these requirements are met, Michigan will treat the couple as married and afford them the same rights and responsibilities. However, the couple must still take some additional steps, such as drafting a durable power of attorney and a medical power of attorney.
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Unmarried couples in Michigan can protect their rights with cohabitation agreements
In Michigan, common-law marriages are not recognised. The state abolished this type of union in 1957, when it changed its law to require that marriages must result from a marriage license. This means that, in Michigan, a couple must obtain a license to marry and also possess a wedding certificate to be considered officially wed.
Despite this, unmarried couples in Michigan can protect their rights with cohabitation agreements. These are similar to premarital agreements and can outline what each person will receive in property division if the couple breaks up. However, they cannot outline provisions for child custody and child support.
Cohabitation occurs when two individuals live together in the same household. While this does not equate to being legally married, there are steps that cohabiting couples can take to protect their rights in the event of a separation. A family law attorney can help draft a legal cohabitation agreement in Michigan.
Michigan will, however, continue to recognise common-law marriages that are valid in other states. For example, if a couple is considered common law in Iowa and then moves to Michigan, Michigan will still recognise the couple as common law.
If you are in a relationship and do not wish to get married, but still want to uphold your rights, it is important that you speak to a family law attorney who can help you draft an agreement and protect your rights.
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Common-law marriage was recognised in Michigan before 1957
Despite this, common-law marriage was abolished in Michigan in 1957 by statute. Since then, a couple must obtain a license to marry and possess a wedding certificate to be considered officially wed. This means that, in Michigan, a couple must apply for a marriage license and then have their marriage authorized by a judge, mayor, court clerk, or minister to be legally recognized.
While Michigan does not recognize common-law marriages within the state, it will respect a common-law marriage that occurred in another jurisdiction. For example, if a couple is considered common law in a state like Iowa and then moves to Michigan, Michigan will still recognize them as a common-law couple. This is due to the "full faith and credit" clause of the United States Constitution.
Cohabiting couples in Michigan who are not legally married may face legal challenges, especially when it comes to dividing assets, solving housing issues, and agreeing on child custody and child support. To protect their rights, unmarried couples in Michigan can draft a cohabitation agreement, similar to a premarital agreement, which outlines how assets and property will be divided in the event of a separation.
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Common-law marriage is a fundamental right in the US since the first settlers
The history of common-law marriage in the US is a long and complex one, with its roots stretching back to medieval England. In the US, common-law marriage, also known as sui juris marriage, is a form of irregular marriage that has been recognised in various states throughout history. While it has been gradually abolished in Western nation states, it is argued that it is the original form of marriage, where a couple cohabits, hold themselves out to the world as a married couple, and mutually agree to be married.
The specific requirements for a common-law marriage to be recognised vary by state. For example, in Texas, both parties must be at least 18 years old and can file a "Declaration of Informal Marriage" as a legally binding document. This is then recorded as part of the Official County Records and is legally recognised as evidence of marriage.
The recognition of common-law marriage in the US can be traced back to its colonial roots, where legal systems mirrored those of England. In colonial America, the presence of few clerics or civil officials made ceremonial marriages inaccessible, and as settlers moved into sparsely populated regions, the need for a substitute for ceremonial marriage grew. This was further influenced by the difficulty of locating someone qualified to perform a marriage ceremony, and the desire to avoid the stigma associated with having a child out of wedlock.
Over time, common-law marriage gained popularity in the US, particularly in the 19th and early 20th centuries. In 1847, Alabama became the first state to officially recognise common-law marriage, setting a precedent for other states to follow. However, as the nation expanded, the recognition of common-law marriage became a state-specific matter, influenced by cultural, social, and religious factors.
Today, common-law marriage is only recognised in a handful of states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Some states, like Michigan, do not recognise common-law marriages within their state, but will respect a common-law marriage that occurred in another jurisdiction. While the requirements vary, common-law marriages typically involve a couple living together, acknowledging each other as husband and wife, and having the legal right to marry.
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Frequently asked questions
No, Michigan does not recognize common-law marriage under Michigan law. However, it will respect a common-law marriage that occurred in another jurisdiction.
Michigan abolished common-law marriage in 1957. A law was passed that required marriages to result from a marriage license.
Unmarried couples in Michigan can protect their rights through a cohabitation agreement, which is similar to a premarital agreement. This can outline what each person will receive in property division in the event of a breakup.
