Anaya Nolan
An affidavit of common-law marriage is a written statement made under oath that is used to prove an informal marriage without a marriage license or certificate. Common-law marriage is recognized in seven states and the District of Columbia in the US, and couples can use affidavits or other documents to establish their relationship. These documents include property deeds, birth certificates, bank statements, and more. Affidavits can be personal, written by the couple, or provided by friends and family who can attest to the relationship. This article will explore the details of what an affidavit of common-law marriage entails and the specific requirements for establishing a common-law marriage.
| Characteristics | Values |
|---|---|
| Definition | A written statement sworn under oath |
| Types | Personal affidavit, friend and family affidavit |
| Personal affidavit details | Date and location where spouses agreed to become spouses, previous marriages, other details showing a spousal relationship |
| Friend and family affidavit details | How they know the couple, length of time the couple has lived together, whether there was a public announcement of the marriage, name changes, birth certificates, deeds showing joint property ownership, bank statements showing joint accounts, loan documents showing joint financial obligations |
| Common-law marriage recognition | Fully recognized in seven states and the District of Columbia |
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What You'll Learn
Affidavit types: personal vs. friend/family
An affidavit is a written statement in which the writer swears under oath that the statement is true. In the context of common-law marriage, there are two types of affidavits that can be used to prove the existence of a common-law marriage: personal affidavits and friend/family affidavits.
Personal affidavits are written by the individuals in the couple themselves. In this type of affidavit, the couple attests that they are married and provides details such as the date and location where they mutually agreed to become spouses, previous marriages, and any other details that help demonstrate a spousal relationship.
Friend/family affidavits, on the other hand, are written by individuals who know the couple personally and are familiar with their relationship. These can include friends, family members, or even associates or religious leaders. The key aspect is that the writer can attest to the credibility and support of the couple's relationship. Friend/family affidavits typically include information such as how the writer knows the couple, the length of time the couple has lived together, whether there was a public announcement of the marriage, name changes, birth certificates, jointly held property deeds, joint bank accounts, and any other evidence of a shared life.
It is important to note that while friend/family affidavits provide valuable support, they are not sufficient on their own. Hard evidence, such as photos, itineraries, texts, and other documents, are also necessary to provide a comprehensive and convincing case.
Both types of affidavits play a crucial role in establishing a common-law marriage, which is recognized in seven states and the District of Columbia. By providing written testimony under oath, couples and their close associates can help prove the existence of a bona fide marriage and enjoy the legal benefits that come with it.
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What to include in a personal affidavit
An affidavit of common-law marriage is a legal document that serves as proof of a couple's marriage without a marriage license or certificate. It is recognised in some states and not in others, so it is important to understand the requirements in your state. An affidavit is a written statement sworn under oath, and there are two types that can be used to prove a common-law marriage: personal affidavits and friend and family affidavits.
A personal affidavit is a statement from you and your partner confirming that you are married. It should include the date and location where you both agreed to become spouses, and any previous marriages, including the date of divorce, annulment, or date from a former spouse's death certificate. You should also include any other details that will help show your spousal relationship, such as:
- Deeds showing title to property held jointly
- Bank statements and checks showing joint ownership of accounts
- Loan documents, leases, mortgages, and promissory notes showing joint financial obligations
- Documents showing a name change, such as a driver's license or Social Security number card
- Birth certificates that name you and your spouse as parents of your child
- Any documents that show one spouse has assumed the surname of the other
- Church records indicating familial status, membership information, or baptismal certificates of any children
Friend and family affidavits are statements from people who know you and your partner and are familiar with your relationship. These can be crucial in proving your common-law marriage and should include the following:
- How they know you and your spouse (friend, family, co-worker, etc.)
- The length of time you and your spouse have lived together
- Whether there was a public announcement of your marriage (e.g. save the date, wedding invitation, social media post)
- Their perception of whether you and your spouse are married
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What friends and family should include
An affidavit of common-law marriage is a written statement made under oath by a couple affirming their union and its validity. Common-law marriage is an informal type of marriage without a marriage license or certificate. It is fully recognised in seven states and the District of Columbia in the US, with varying rules in each state.
Friends and family can play an important role in helping a couple prove their common-law marriage. They can provide affidavits, or written statements made under oath, attesting to the couple's relationship. Here is what friends and family should include in their affidavits:
- Their relationship to the couple (friend, family, co-worker, etc.)
- The length of time the couple has lived together, helping to prove cohabitation
- Any public announcements of the marriage, such as save-the-date cards, wedding invitations, or social media posts
- Whether the wider community believes the couple is married
- Evidence of a name change, such as a driver's license or Social Security number card, that matches the spouse's name
- Birth certificates listing the couple as parents of a child
- Evidence of one spouse assuming the other's surname
- Property deeds showing joint ownership
- Bank statements and cheques showing joint financial ownership
- Joint loan documents, leases, mortgages, and promissory notes
- Church records, such as baptismal certificates of the spouses' children, indicating familial status
- Photographs of the couple together
These affidavits from friends and family can provide necessary evidence in legal situations, helping to validate the couple's relationship in jurisdictions that allow common-law marriage.
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Other documents that can be used
An affidavit of common-law marriage is a written statement in which you swear under oath that you and your partner are married. It is one of the documents that can be used to prove a common-law marriage, which is an informal marriage without a marriage license or certificate. Common-law marriage is currently recognized in seven states and the District of Columbia in the US, and the exact evidence required to prove it depends on the laws of the state in question.
- Personal affidavits—These are written statements by you and your partner, swearing under oath that you are married. They should include details such as the date and location where you both agreed to become spouses, any previous marriages, and other information that demonstrates a spousal relationship.
- Friend and family affidavits—Affidavits from friends, family, or neighbors who are familiar with your relationship and can attest to your living arrangements and reputation in the community as a married couple. They should include information such as how they know you, the length of time you and your spouse have lived together, whether there was a public announcement of your marriage, and whether they consider you to be married.
- Property deeds—Documents showing joint ownership of property, such as a house or land.
- Financial documents—Bank statements, checks, loan documents, leases, mortgages, or promissory notes that demonstrate joint financial obligations or accounts.
- Identification documents—Driver's licenses or Social Security cards that show a name change to match your spouse's name.
- Birth certificates—Documents that name both you and your common-law spouse as parents of your child.
- Other name change documents—Any records that show one spouse has assumed the surname of the other, such as school records, religious records, or children's birth certificates.
It is important to note that the requirements for proving a common-law marriage may vary depending on the state and individual circumstances. Seeking legal advice from a family law attorney in your area is recommended to ensure you have the correct documentation.
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States where common-law marriage is recognised
An affidavit is a written statement in which you swear under oath that what you are saying is true. In the context of a common-law marriage, you can write a personal affidavit stating that you and your partner are married. This affidavit should include the date and location where you and your common-law spouse agreed to become spouses, as well as any other details that will help show your spousal relationship, such as previous marriages or the existence of shared children. Friends and family can also write affidavits to help prove your common-law marriage. These affidavits should include how they know the couple, how long the couple has lived together, whether there was a public announcement of the marriage, and whether they consider the couple to be married.
Regarding the states that recognize common-law marriage, there is some variation. While some sources state that common-law marriage is recognized in seven states and the District of Columbia, others list up to 15 states where it is recognized in some capacity. It's important to note that the laws regarding common-law marriage can vary across states and may have specific requirements or limitations. Here is a list of states where common-law marriage is recognized to some extent:
- Colorado
- District of Columbia
- Alabama
- Montana
- Iowa
- Kansas
- New Hampshire
- Pennsylvania (if entered before September 2003)
- South Carolina
- Utah (with some debate around its recognition)
- Rhode Island
- Texas
- Ohio (if entered before October 1991)
- Idaho (if entered before 1996)
- Georgia (if entered before 1997)
- Oklahoma
It is important to note that the recognition of common-law marriage can change over time, and some states may have abolished it after the dates provided. Additionally, while all states recognize common-law marriages performed in other states, some states only recognize it for specific purposes, such as inheritance in the case of New Hampshire.
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