Keith Mack
Common-law marriage, which traces its roots to old English law, is not recognized in Arizona. However, Arizona will recognize a common-law marriage formed in another state, such as Texas, if it was valid under the laws of that state. For example, in Atkinson v. Valley National Bank of Arizona, the common-law marriage of former Texas residents was recognized in Arizona and governed by Texas law. While Arizona does not recognize common-law marriage within its borders, it does recognize cohabitation agreements, which are legally binding documents that allow couples to exercise their property rights.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Arizona does not recognize common-law marriage. |
| Exceptions | Arizona will recognize a common-law marriage if it was valid under the laws of the state where it was contracted. |
| Divorce processes | Arizona's divorce processes do not apply to unmarried cohabiting couples. |
| Cohabitation agreements | Arizona recognizes cohabitation agreements as enforceable, provided they are valid. |
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What You'll Learn
Arizona does not recognise common-law marriage
Common-law marriage, which traces its roots to old English law, is not recognised in Arizona. This means that couples who live together for a certain period of time are not considered married in Arizona, even if they are considered married in other states.
In Arizona, a couple must go through the legal marriage process to have their marriage considered valid. However, there is an exception to this rule: if a couple has achieved common-law status in a state that allows it, Arizona will recognise them as legally married. For example, if a couple formed a common-law marriage in Texas, where such marriages are recognised, and later moved to Arizona, their marriage would generally be recognised as valid in Arizona. This is because Arizona upholds the principle that a marriage valid where it was established will be valid in Arizona, as long as it does not violate Arizona's strong public policy.
While Arizona does not recognise common-law marriage, couples who have resided together may have remedies in contract law to receive reimbursement for property purchased together and similar claims. Additionally, couples in Arizona can sign a cohabitation agreement, which allows them to live together and have access to certain rights, such as property rights, without being married. These agreements are legally binding and enforceable in Arizona.
It is important to note that the recognition of common-law marriage varies widely across the United States, and each state has its own specific guidelines and conditions for what constitutes a common-law marriage. As such, couples moving between states may experience confusion and should seek legal advice to understand their rights and obligations.
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Arizona recognises cohabitation agreements
Arizona does not recognize common-law marriage within the state. However, it does recognize cohabitation agreements, which are legally binding documents that unmarried couples can use to establish their rights and responsibilities as a domestic partnership. These agreements are enforceable under contract law and allow couples to control their property rights and division of assets and liabilities.
Cohabitation agreements can also address child custody matters and child support arrangements, although these are subject to family law court approval. To be legally valid, both parties must enter into the agreement with mutual consent and without coercion. The agreement must also be written in clear and understandable language, follow Arizona law, and not contain any illegal activities or intent.
It is important to note that even with a cohabitation agreement, unmarried couples in Arizona are treated as strangers in the event of a breakup or death. This means that property division may result in one partner recovering none of the other partner's assets, and child custody disputes can be complex. Therefore, it is essential to seek legal advice when drafting a cohabitation agreement to ensure all necessary protections are in place.
While Arizona does not recognize common-law marriage contracted within the state, it will recognize a common-law marriage that was valid under the laws of the state where it was established. For example, if a couple formed a common-law marriage in Texas, where it is allowed, and later moved to Arizona, their marriage would generally be recognized as valid in Arizona, provided it meets the legal requirements of Texas.
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Arizona courts apply the law of the state where the marriage was contracted
Arizona does not recognize common-law marriages created within the state. However, Arizona does not exactly recognize common-law marriages that are validly contracted in other jurisdictions either. If a couple has a valid common-law marriage in one of the states that allow this marital status, Arizona courts will recognize their union as legally binding.
In the case of Hoffman v. Miller, Cook v. Cook, and Vandever v. Industrial Commission of Arizona, Arizona recognized common-law marriages that were valid under the laws of the state where they were contracted. In the latter case, the couple in question cohabited in Arizona and had a child together. They travelled to Colorado for three weeks, during which they cohabited and introduced themselves as husband and wife. They also allegedly heard a radio broadcast about common-law marriage and decided that they were married. Upon returning to Arizona, the man was killed in the course of his employment. The Arizona Court of Appeals affirmed the Industrial Commission's denial of widow's benefits to the woman, as the couple's trips to Colorado had not resulted in a common-law marriage. The court applied the three elements of a Colorado common-law marriage, and found that there was insufficient evidence of an agreement of marriage, cohabitation, or general repute in Colorado.
In another case, Atkinson v. Valley National Bank of Arizona, the common-law marriage of former Texas residents was recognized in Arizona, and the validity of the marriage was governed by Texas law. Arizona courts have consistently applied the law of the state where the marriage was contracted to determine its validity.
In Grant v. Superior Court In and For Pima County, the court highlighted that merely visiting a state that recognizes common-law marriage is not enough to establish a marriage valid in Arizona. The couple must establish a connection with the other state that aligns with that state's requirements for common-law marriage.
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Arizona recognises common-law marriages from other states
Arizona does not generally recognize common-law marriages. The state's divorce processes do not apply to unmarried cohabiting couples who wish to end their relationships because Arizona does not consider them married. However, Arizona does recognize common-law marriages from other states.
The United States Constitution requires each state to give "full faith and credit" to any court order from another state within the union. If a couple has achieved common-law status in a state that allows it, Arizona will recognize them as legally married. Each partner will have the same legal rights as all married couples if one partner dies or if they decide to bring their relationship to an end.
Arizona courts have consistently applied the law of the state where the marriage was contracted to determine its validity. For example, in Atkinson v. Valley National Bank of Arizona, the common-law marriage of former Texas residents was recognized in Arizona, and the validity of the marriage was governed by Texas law.
However, it is important to note that Arizona's recognition of common-law marriages from other states is not absolute. In Vandever v. Industrial Commission of Arizona, the Arizona Court of Appeals held that an Arizona couple's trips to Colorado had not resulted in a common-law marriage, even though they cohabited and introduced themselves as husband and wife while in that state.
In summary, while Arizona does not have common-law marriages, it will generally recognize common-law marriages from other states as long as the marriage was valid in the state where it was contracted and does not violate Arizona's strong public policy. Couples who are unsure about the validity of their common-law marriage in Arizona should consult with an experienced family law attorney.
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Arizona's community property law treats assets and debts as jointly owned
Arizona is a community property state, meaning that assets acquired during a marriage are generally considered community property and jointly owned by both spouses. This includes money earned during the marriage, regardless of whether the bank account is in one spouse's name or jointly held. Any debts incurred during the marriage are also treated as community debts, with both spouses sharing equal responsibility for repayment, even if only one spouse took out the loan.
However, Arizona does not recognize common-law marriage. Therefore, unmarried cohabiting couples are not subject to the same community property rules as legally married couples. Any property acquired by an unmarried couple is considered separate property belonging solely to the individual who acquired it.
For married couples in Arizona, the community property law treats all assets and debts acquired during the marriage as jointly owned. This means that in the event of a divorce, the community estate must be divided equitably between the spouses. The spouses may agree on how to divide their assets, or the court will make that decision for them.
To ensure a fair division of assets, divorce attorneys may employ qualified appraisers to determine the value of community property items. If the proposed division is not equal, one spouse may be ordered to pay an equalization payment to the other spouse. Alternatively, the court may order the community property to be sold, with the proceeds divided equally.
It is important to note that separate property exists alongside community property in Arizona. Separate property generally refers to assets owned by a spouse before the marriage or acquired through inheritance or gift during the marriage. Retirement accounts and funds accrued before marriage are also considered separate property. Spouses can also enter into pre-marital or post-marital agreements to outline their preferences for treating income and assets, providing clarity and protection within the community property framework.
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Frequently asked questions
No, Arizona does not recognize common-law marriage. However, if a couple has achieved common-law status in a state that allows it, Arizona will recognize them as legally married.
Couples can enter into a cohabitation agreement or a domestic partnership agreement. While these do not offer the same legal protections as marriage, they can provide some security and outline expectations for both parties.
A cohabitation agreement is a contract created by couples who are living together that explains the division of their liabilities and assets, as well as who legally owns properties.
