Kara Sears
Common law marriage is a legally recognised union without a marriage license or ceremony. In states that recognise it, a couple is considered legally married if they have lived together for an extended period, hold themselves out as a married couple, and intend to marry. While common law marriage is recognised in a handful of states, Arizona is not one of them. However, Arizona will recognise common-law marriages from other jurisdictions, provided they were established in a state where it is recognised. Couples in Arizona who live together without being legally married can enter into cohabitation agreements, which allow them to access certain rights, such as property rights, without being married.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages from other jurisdictions | Recognized |
| Common-law marriages in Arizona | Not recognized |
| Recognition of cohabitation agreements | Recognized and legally binding |
| Recognition of palimony | Not recognized |
| Division of assets in a common-law marriage | Considered communal and must be divided equitably |
| Division of assets for unmarried couples | Considered separate property belonging to the individual |
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What You'll Learn
Arizona does not recognise common-law marriages
In Arizona, a couple is not considered married unless they have a marriage license or have had an official wedding ceremony. There is an exception to this law: Arizona will recognise common-law marriages from other jurisdictions. If a couple has achieved common-law status in a state that allows it, Arizona will recognise them as legally married.
For couples who do not want to get married, there are alternatives in Arizona. Couples can enter into a cohabitation agreement or a domestic partnership agreement. These are legally binding documents that allow couples to exercise their property rights. However, these agreements do not offer the same legal protections as marriage.
While Arizona does not recognise common-law marriage, parties who have resided together may have remedies in contract law to receive reimbursement for property purchased together.
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Common-law marriages from other states are recognised
Arizona does not recognize common-law marriages formed within the state. However, it does recognize common-law marriages that were validly formed in other states. This recognition is based on Article V of the United States Constitution, which requires each state to give "full faith and credit" to court orders from other states.
If a couple has a valid common-law marriage in a state that allows it, Arizona will recognize their union as legally equivalent to other marriages. This means that if one partner dies or if the couple decides to end their relationship, each partner will have the same legal rights as married couples in Arizona. This includes the right to community property, where all assets and debts acquired during the marriage are treated as jointly owned marital property.
It is important to note that not all entities in Arizona may recognize a common-law marriage established in another jurisdiction. In such cases, it is advisable to consult a family attorney to prove the validity of the marriage. Additionally, while Arizona recognizes common-law marriages from other states, it does not recognize palimony or common-law marriages formed within the state.
Unmarried couples in Arizona can enter into a cohabitation agreement, which is a legally binding contract that outlines the division of liabilities and assets, as well as property ownership. This agreement allows unmarried couples to exercise their property rights through contractual means, even though they do not have the same legal protections as married couples.
In summary, while Arizona does not allow the formation of new common-law marriages within the state, it does recognize valid common-law marriages from other states. For couples who wish to remain unmarried, a cohabitation agreement can provide some legal protections and outline expectations for both parties.
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Couples can sign a cohabitation agreement
While Arizona does not recognize common-law marriages, couples who live together without being married can still access certain rights through a cohabitation agreement. A cohabitation agreement is a contract that outlines the division of liabilities and assets, as well as property ownership. It is a legally binding document that the state of Arizona views as legitimate and allows couples to exercise their property rights.
For example, if an unmarried couple purchases a home together, the court will examine the paperwork to determine how the couple took title to the property. If the deed names both partners as joint tenants with rights of survivorship, each person has an equal stake in the property. However, if the deed only has one person's name on it, the non-owner would need to argue that they made financial contributions that gave them an equitable interest in the property. In this case, the non-owner would likely receive a lesser share of the property's value after a split.
It is important to note that the legal rights of married couples are clearly defined, while the rights of couples who have signed a cohabitation agreement can be confusing. Therefore, it is highly recommended to hire an attorney before drafting a cohabitation agreement to ensure that the contract is sound and includes all necessary information. An attorney can help determine what to include in the agreement and how to word it to protect the interests of both parties.
Additionally, for couples who are not interested in getting married, a cohabitation agreement can provide some security and clearly outline expectations for both parties. While it does not offer the same legal protections as marriage, it can help to resolve contentious issues such as child custody and support, as well as financial support post-separation.
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Common-law marriage and cohabitation rights
However, Arizona does recognise common-law marriages from other jurisdictions, provided they were validly contracted in a state where common-law marriage is recognised. In such cases, Arizona courts will treat these unions as legally equivalent to marriages contracted through traditional means, and the laws of community property will apply. This means that in the event of a divorce or the death of a partner, the surviving spouse or ex-spouse will have the same rights to property as couples married through a traditional ceremony.
For couples who choose not to marry, Arizona offers alternatives such as cohabitation agreements or domestic partnership agreements. These contracts allow couples to outline their expectations and specify the division of liabilities, assets, and property ownership. While these agreements do not offer the same legal protections as marriage, they can provide some security and clarity.
It is important to note that the rights of couples with cohabitation agreements may be less clear-cut than those of married couples. Seeking legal advice from experienced family law attorneys in Arizona can help navigate the intricacies of common-law marriage, cohabitation agreements, property rights, and child custody issues.
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Alternatives to common-law marriage
Arizona does not recognize common-law marriages created within the state. However, Arizona does recognize valid common-law marriages from other states due to the "Full Faith and Credit Clause" of the U.S. Constitution.
If you are seeking legal recognition of your relationship without a traditional marriage, there are alternatives in Arizona. For example, 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 clearly 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. Unlike common-law marriages, Arizona does recognize and enforce cohabitation agreements. These are legally binding documents that the state views as legitimate. These contracts allow Arizona couples to exercise their property rights via contractual means.
It is highly recommended to hire an attorney before drafting a cohabitation agreement, as a skilled legal professional can help ensure your contract is sound. For instance, if you’re unsure how responsibility for debts should be handled, your lawyer can examine your and your partner’s financial situation and determine what to include in your agreement and how to word it.
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Frequently asked questions
Arizona does not recognize new common-law marriages, and never has. Common-law marriage enables a couple who did not file for a marriage license to be considered legally married on the basis that they have lived together for some time.
Arizona will recognize your common-law marriage as long as your relationship was established in a state where common-law marriage is recognized.
Couples can sign a cohabitation agreement, which is a contract that explains the division of liabilities and assets, as well as who legally owns properties. Arizona recognizes and enforces these agreements.
Property follows different rules than in a divorce. If an unmarried couple purchased a home together, the court will examine the paperwork to determine how the couple took title to the property. If the deed names both partners as joint tenants with rights of survivorship, each person has an equal stake in the property.
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