Cameron Miranda
Common-law marriage is a term for a marriage that exists by agreement, cohabitation, and by behaving and speaking as though a couple is married. In Michigan, common-law marriages are not recognized for couples establishing their union within the state. However, Michigan courts may consider the validity of common-law marriages originating in other states, and if so, apply Michigan's divorce laws. This recognition extends to federal income tax purposes and other legal matters. The history of common-law marriage recognition in Michigan has evolved over the years, with the state abolishing the practice in 1957.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Michigan | Michigan does not recognize new common-law marriages, including those between same-sex couples. |
| Common-law marriage in other states | Michigan will recognize common-law marriages from other states. |
| Common-law marriage requirements | Common-law marriage is based on the couple's mutual intent to be married and their consistent representation of their relationship as a marriage to the public. |
| Divorce for common-law marriages | There is no "common-law divorce" as divorce is created by statutory law. However, a Michigan court may consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws. |
| Federal income tax purposes | Common-law marriage is considered a legal marriage for federal income tax purposes. |
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What You'll Learn
Common law marriage recognition in Michigan
Common-law marriage is a term for a "marriage" that exists by agreement and cohabitation. In other words, a common-law marriage occurs when two people agree to live together as a married couple. Common-law marriage has been a fundamental right in the United States since the country's formation.
In 1838, Michigan passed a law stating that marriages could be solemnized by a justice of the peace or a minister. However, the United States Supreme Court ruled that this law did not require marriages to be validated by these officials, and common-law marriages were still valid. This changed on January 1, 1957, when Michigan introduced a new law requiring marriages to be the result of a marriage license. From this date onwards, common-law marriages were no longer recognized in Michigan.
Michigan does not issue specific certificates for common-law marriages. Instead, these relationships were recognized based on mutual intent and consistent representation as a married couple. Michigan courts may consider the validity of a common-law marriage originating in another state, and if so, apply Michigan's divorce laws. This is due to the 'full, faith, and credit' clause of the United States Constitution.
Therefore, while Michigan does not recognize new common-law marriages established within the state, it will recognize those from other jurisdictions for federal income tax purposes and other legal matters.
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Divorce and common law marriage
In Michigan, common law marriages are not recognised for couples establishing their relationship within the state. However, the state will recognise common law marriages that occurred in another jurisdiction. This means that if you are in a common law marriage in a state that recognises the legal validity of such marriages, and then move to Michigan, Michigan courts may consider the legality of your marriage.
For a common law marriage to be recognised in Michigan, several factors must be met. These include:
- The two individuals must have cohabited in a jurisdiction that recognises common law marriages.
- The state in question must have established clear common law marriage requirements.
- The date of declaring the specific type of common law marriage must be provided.
If you are in a common law marriage and are considering a divorce, it is important to gather evidence that proves you are married. This may include bank statements indicating joint ownership of accounts, birth certificates that name both spouses as parents, deeds to jointly-owned property, insurance policies that name your spouse as the beneficiary, and mortgages or loan documents.
It is worth noting that there is no concept of "common law divorce". The divorce process is created by statutory law, and so, where common-law marriages are recognised as legal marriages, a divorce must be formal and legal to protect the interests of both spouses. Marital property is divided in the same way whether you were married formally or under common law.
If you are in a common law marriage and are seeking a divorce, it is recommended that you contact a Michigan family law attorney for guidance and representation.
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Common law marriage and federal taxes
Michigan does not recognize common-law marriages established within the state. However, it will respect common-law marriages that occurred in another jurisdiction. This means that if a couple with a common-law marriage moves to Michigan from a state that recognizes such marriages, they will still be considered legally married for federal tax filing purposes.
To be recognized as a common-law marriage in Michigan, the couple must have:
- Cohabited in a state that recognizes common-law marriages.
- Met the legal requirements for common-law marriage in that state.
- Proof of the date when the common-law marriage began or was officially recognized in that state.
It is important to note that simply living together, sharing joint bank accounts, properties, or other financial assets do not constitute a common-law marriage in Michigan. For couples who wish to be considered married in Michigan, they must obtain a marriage license and have some form of wedding ceremony.
Unmarried couples in Michigan can protect their rights through a cohabitation agreement, which outlines what each person will receive in the event of a breakup. This agreement, however, cannot include provisions for child custody and child support.
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History of common law marriage in Michigan
Common law marriage, or a marriage that exists by agreement, cohabitation, and by behaving and speaking as though a couple is married, was once recognized in Michigan. Under the old law, if any partnership wished to present themselves as a married couple to others, then the law would treat them as such.
In 1838, Michigan passed a law that stated that marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained. This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage. However, the United States Supreme Court ruled that Michigan’s law of 1838 did not require that marriages be validated by a justice of the peace or a minister, but instead stated such solemnization (authorization) was discretionary.
In 1957, common law marriage was abolished by newly written Michigan statutes. After 1957, no domestic partnership would be recognized as a common-law marriage. If a partnership wishes to be considered a married couple, they must obtain a marriage license and have some form of wedding ceremony.
Michigan will, however, continue to recognize common-law marriages that are valid in other states which still recognize common-law marriages due to the ‘full, faith, and credit’ clause of the United States Constitution. States that continue to legally recognize and allow common-law marriages include Utah, Colorado, Texas, New Hampshire, Kansas, Iowa, South Carolina, and Montana.
Although Michigan does not recognize common-law marriages, individuals who entered into a common-law marriage in another state will be treated as a married couple in Michigan. For a couple to be treated as a married couple in Michigan, they must meet the following requirements:
- The state from which the couple moved must recognize common-law marriage.
- The couple must meet the legal requirements for common-law marriage within their home state.
- The couple cohabitated with each other in their home state.
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Common law marriage in other states
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognised in only a minority of US states. The specific requirements for what constitutes a common-law marriage vary from state to state, but generally, it involves a couple cohabiting, holding themselves out to the world as a married couple, and otherwise behaving as a married couple.
In the US, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Outside of the US, the Territory of Guam and the Commonwealth of the Northern Mariana Islands do not recognise common-law marriage.
Previously, common-law marriage was recognised in Michigan. Under the old law, if any partnership wished to present themselves as a married couple to others, then the law would treat them as such. However, in 1957, common-law marriage was abolished by newly written Michigan statutes. After 1957, no domestic partnership would be recognised as a common-law marriage in Michigan. Michigan courts may, however, consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws.
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Frequently asked questions
No, Michigan does not recognize new common-law marriages established within the state. However, it will recognize those from other jurisdictions.
Common-law marriage is a legal union between two adults who have not purchased a marriage license or had an official marriage ceremony. This arrangement is recognized as legal in some states.
If you are seeking a divorce in Michigan, you will need to prove your marriage. This can be difficult without a marriage license or certificate. Documents that may help include bank statements indicating joint ownership, birth certificates that name both spouses as parents, deeds to jointly-owned property, insurance policies that name your spouse as the beneficiary, and mortgages or loan documents.
