Kara Sears
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, intending to be married and holding themselves out to others as married. While some states in the US allow common-law marriages, Maryland does not recognize common-law marriages formed within the state. However, Maryland does recognize common-law marriages formed in other jurisdictions, such as the District of Columbia, as long as the legal requirements of that jurisdiction are met. This recognition extends to granting divorces and determining the rights of parties in a common-law marriage now living in Maryland.
| Characteristics | Values |
|---|---|
| Common law marriage in Maryland | Not recognized |
| Common law marriage outside of Maryland | Recognized if valid in the jurisdiction where it was created |
| Common law marriage requirements | Vary in each jurisdiction; e.g., an express mutual agreement to be husband and wife, cohabitation, validated by a court or administrative order |
| Legal action to dissolve a common law marriage | Required if the marriage was created in another state or foreign country |
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What You'll Learn
- Maryland does not recognise common-law marriages
- Common-law marriages formed in other jurisdictions are recognised in Maryland
- Requirements for a valid common-law marriage vary in each jurisdiction
- Couples in a non-common law marriage state like Maryland can present themselves as husband and wife
- Unmarried cohabitants in Maryland can enter into a domestic partnership for inheritance purposes
Maryland does not recognise common-law marriages
Common-law marriage is generally defined as a relationship in which a couple lives together but has not participated in a lawful ceremony. In other words, a couple becomes legally married without a lawful ceremony by living together for a long period, intending to be married, and holding themselves out to others as married.
Maryland law provides unmarried cohabitants with the option to enter into a domestic partnership for inheritance purposes. Two individuals can enter into a domestic partnership by filing a Declaration of Domestic Partnership with the Register of Wills in the county where they live. The Declaration must be notarized and signed by each party, and it must affirm, under penalty of perjury, that each partner is not married to anyone else. Registered Domestic Partners (RDPs) may inherit by a will or through Maryland's intestacy laws, and their rights are equivalent to those of a spouse in a married couple.
Only a few U.S. jurisdictions allow the creation of 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 in each jurisdiction. For example, Utah only recognises common-law marriages after they are validated by a court or administrative order.
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Common-law marriages formed in other jurisdictions are recognised in Maryland
Maryland does not allow common-law marriages to be formed within the state. However, it does recognise common-law marriages formed in other jurisdictions as long as the legal requirements of that jurisdiction have been met. This means that if a couple has a valid common-law marriage in another state or country, their marriage will be recognised in Maryland.
The requirements for a valid common-law marriage vary depending on the jurisdiction. For example, Utah only recognises common-law marriages after they have been validated by a court or administrative order. Some states, such as Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognise common-law marriages formed before a certain date. In New Hampshire, common-law marriages are only recognised for inheritance purposes.
Maryland courts will generally recognise a common-law marriage if it is valid in the jurisdiction where it was formed. For example, Pennsylvania courts allow common-law marriages formed before 2005, but place a "heavy burden" on establishing a common-law marriage due to the risk of perjury and fraud. In the District of Columbia, a common-law marriage requires an express mutual agreement to be husband and wife in the present tense, followed by cohabitation. However, if one party denies or fails to confirm mutual consent, cohabitation alone will not justify an inference of mutual agreement.
It is important to note that determining whether a common-law marriage is valid can be complex, and legal action may be necessary to dissolve such a marriage. Couples who believe they have a common-law marriage may be required to prove its validity, especially in cases of divorce or when claiming inheritance or benefits after the death of a spouse.
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Requirements for a valid common-law marriage vary in each jurisdiction
While common-law marriages are not recognised in Maryland, the state does acknowledge common-law marriages formed in other jurisdictions, provided that the legal requirements of those jurisdictions have been met. This means that the requirements for a valid common-law marriage differ depending on the jurisdiction.
For example, Utah only recognises common-law marriages after they have been validated by a court or administrative order. Some states, such as Alabama, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina, only recognise common-law marriages formed before a certain date. In New Hampshire, common-law marriages are only recognised for inheritance purposes.
The District of Columbia, which is one of the easiest places to have a common-law marriage recognised, requires an express mutual agreement to be husband and wife in the present tense, followed by cohabitation. In contrast, Maryland's neighbour, Pennsylvania, allows common-law marriages formed before 2005 but places a "heavy burden" on establishing them due to the risk of perjury and fraud.
In Virginia, common-law marriages are not recognised, and cohabitation does not create legal responsibilities or duties between two individuals unless expressly agreed upon. Any agreements concerning shared financial obligations and jointly-owned property are enforced as per contract law.
Overall, while the specific requirements vary, there are some basic elements common to most jurisdictions that recognise common-law marriages, including the requirement for both individuals to live in a state that honours common-law marriages at the time the marriage began.
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Couples in a non-common law marriage state like Maryland can present themselves as husband and wife
Maryland does not recognize common-law marriages. However, it does acknowledge common-law marriages that were formed in other states or countries, provided that the legal requirements of that jurisdiction were met. This means that couples in Maryland cannot enter into a common-law marriage, but if they move to Maryland from a state that does recognize common-law marriage, their union will be legally recognized.
In general, a 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, intending to be married and presenting themselves as such to others. This includes using words like "husband," "wife," or "spouse" when referring to each other, both informally and in documents. It is important to note that merely living together or cohabiting for a certain period is not enough to constitute a common-law marriage. The couple must also be generally regarded as a married couple by their community.
For couples in a non-common law marriage state like Maryland, presenting themselves as husband and wife is one aspect of a valid common-law marriage in states that recognize such unions. This means that if a couple in Maryland refers to each other as husband and wife, they are not automatically considered legally married. However, if these couples move to a state that recognizes common-law marriage, their intention to be married and their presentation as such may be considered by a judge when determining the validity of their common-law marriage.
Additionally, Maryland law provides unmarried cohabitants with the option to enter into a domestic partnership for inheritance purposes. This can be done by filing a Declaration of Domestic Partnership, which must be notarized and signed by both parties. Registered Domestic Partners (RDP) have similar rights to spouses in a married couple for inheritance purposes.
It is worth noting that the recognition of common-law marriages can be complex and vary across different jurisdictions. While a few U.S. states and the District of Columbia still recognize common-law marriages, most states have abolished this practice through laws or court decisions. Therefore, it is always advisable to consult with an attorney to understand the specific requirements and implications of common-law marriage in a particular state.
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Unmarried cohabitants in Maryland can enter into a domestic partnership for inheritance purposes
Maryland does not recognize common-law marriages. However, it does recognize common-law marriages that were created in other jurisdictions, provided that the legal requirements of those jurisdictions have been met. Common-law marriages are typically formed when a couple lives together for a long period, intending to be married and presenting themselves as married to others.
While common-law marriages are not recognized in Maryland, unmarried cohabitants in the state can enter into a domestic partnership for inheritance purposes. This is done by filing a Declaration of Domestic Partnership with the Register of Wills in their county of residence. The Declaration must be notarized and signed by both parties, affirming that each partner is:
- Not married to anyone else
- At least 18 years old
- Mentally competent
- Not closely related by blood to their partner
Registered Domestic Partners (RDP) are treated as if they were married for estate purposes. They may inherit through a will or Maryland's intestacy laws, and their children are treated as if the partners were married for inheritance purposes. Additionally, unmarried cohabitants can enter into express written or oral contracts that are enforceable in court, particularly regarding the division of personal and real property. They can also designate their partners as beneficiaries in life insurance policies.
In the case of an employee's death due to a work-related injury, an unmarried cohabitant may receive workers' compensation benefits if they can show whole or partial dependency on the deceased employee. Furthermore, if an automobile liability insurance policy includes household members, unmarried cohabitants are covered. However, they are not entitled to death benefits under the Social Security Act unless they qualify as a common-law spouse in a state that recognizes such marriages.
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Frequently asked questions
No, a couple cannot enter into a common-law marriage in Maryland.
Yes, Maryland recognizes common-law marriages formed in other jurisdictions as long as the legal requirements of that jurisdiction were met.
Generally, 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.
