Cameron Miranda
Common-law marriage, which allows couples to be considered married without a wedding or formal marriage ceremony, is only recognized in a handful of U.S. states, and Missouri is not one of them. Missouri law specifically declares all common-law marriages to be null and void. However, if a couple establishes a common-law marriage in a state where it is recognized, they will be considered legally married if they move to Missouri. Conversely, if a couple did not meet the terms of common-law marriage until moving to Missouri, they would generally not be considered married.
| Characteristics | Values |
|---|---|
| Common-law marriages | Not recognized in Missouri |
| Common-law marriages from other states | Recognized in Missouri |
| Cohabitation agreements | Recommended for unmarried couples |
| Property rights for cohabiting couples | No distinction between marital and separate property |
| Palimony cases | Not allowed in Missouri |
| Marriage license | Required in Missouri |
| Solemnization | Required in Missouri and can be done by a judge or religious official |
| Same-sex marriages | Not recognized in Missouri |
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What You'll Learn
- Missouri does not recognise common-law marriages
- Common-law marriages are recognised in neighbouring states
- Cohabiting couples in Missouri do not have the same rights as married couples
- Cohabitation agreements can protect the rights of individuals in Missouri
- Common-law marriages are only valid in a handful of US states
Missouri does not recognise common-law marriages
Missouri does not recognize common-law marriages. Common law marriage allows couples to be considered formally married without a wedding or civil/religious ceremony. While some US states recognize common-law marriages, Missouri is not one of them. Missouri law specifically declares all common-law marriages to be "null and void".
In Missouri, anyone wanting to get married must obtain a marriage license and have their marriage solemnized by a person authorized by law to solemnize marriages. This could be a judge or a member of the clergy. There are also restrictions on certain marriages concerning mental capacity, age, and gender. For example, same-sex marriages are unconstitutional in Missouri and are not valid under state law, even if the marriage took place in a state where it is legal.
Cohabiting couples in Missouri do not have the same rights as married couples. There are no distinct property rights between unmarried individuals in Missouri. However, it is possible to recover compensation after a cohabiting relationship ends, based on financial contributions or the value of labor. For example, reimbursement for contributions to property that increased its value. To protect their rights, cohabiting couples may want to create a "cohabitation agreement" before moving in together.
If a common-law marriage is recognized in another state, Missouri will recognize it as valid. For example, if a couple establishes a common-law marriage in Kansas and then moves to Missouri, they will still be considered married in Missouri. However, if a couple lived together in Kansas but never presented themselves as married, and then moved to Missouri and announced they were married, this would not establish a common-law marriage.
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Common-law marriages are recognised in neighbouring states
Missouri does not recognize common-law marriages. State law in Missouri specifically declares all common-law marriages to be "null and void". However, if a couple has a marriage that is recognized by another state, Missouri will recognize it as a valid marriage. For example, if a couple established a common-law marriage in neighboring Kansas, where common-law marriage is permitted, and then moved to Missouri, the couple could be considered married in Missouri. This is because, under the Full Faith and Credit Clause of the U.S. Constitution, when a marriage is recognized in a common-law marriage state, the couple may be considered legally married when they move to another state.
It is important to note that there are misconceptions about common-law marriage. For instance, common-law marriage does not become automatic after a couple lives together for a long time. In a state like Kansas, an unmarried couple could live together for many years and still not be considered married if they do not have a marriage agreement or do not present themselves publicly as married.
In summary, while Missouri does not recognize common-law marriages established within the state, it does recognize common-law marriages that were established in other states, including neighboring Kansas.
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Cohabiting couples in Missouri do not have the same rights as married couples
Missouri does not recognize common-law marriages. While some US states consider couples to be married under common law if they live together for a certain number of years, Missouri specifically declares all common-law marriages to be "null and void".
Missouri law treats child support and child custody issues similarly for married and cohabiting couples. Both parents have a legal duty to financially support their children, regardless of their marital status. However, the financial obligations between spouses, such as spousal maintenance, do not apply to cohabiting couples. Missouri also does not allow "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
Cohabiting couples in Missouri also do not have the same rights as married couples when it comes to inheritance and beneficiary designation. In Missouri, spouses automatically become heirs to each other's estates, and children become heirs once they are born. However, this is not the case for cohabiting couples, and they would need to explicitly designate each other as beneficiaries of their assets, such as life insurance policies.
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Cohabitation agreements can protect the rights of individuals in Missouri
In Missouri, common-law marriages are not recognized. The state requires anyone wanting to get married to obtain a marriage license and have their marriage "solemnized by a person authorized by law to solemnize marriages." This could be a judge or a religious figure. Same-sex marriages are also not valid under Missouri law.
Missouri law does not recognize distinct property rights between unmarried individuals. Therefore, a cohabitation agreement might be necessary to protect each person's rights. This is a contract between both people in a cohabiting couple, based on their intention to live together without getting married. It can help address important issues that may arise, such as property and financial rights and responsibilities, and can also be incorporated into an order establishing child support and custody rights.
A cohabitation agreement can provide a framework for deciding on separate and joint property, and establishing rules for property and income division. It can also outline financial rights and responsibilities, such as sharing living expenses and other financial expectations, and can help facilitate the equitable distribution of property in the event of a breakup. This includes personal items, savings, and other assets.
Without a cohabitation agreement, both partners may be liable for each other's debts, including rent, utility payments, and personal debts. It can also help address inheritance issues, as living together does not grant automatic inheritance rights. A cohabitation agreement can also be useful for unmarried couples with children, as it can outline the obligations of each parent to their children.
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Common-law marriages are only valid in a handful of US states
Despite Missouri's non-recognition of common-law marriages, the state will recognize a common-law marriage if it has been legally established in a different state. For example, if a couple established a common-law marriage in Kansas and then moved to Missouri, they would be considered married in Missouri. This is because, under the Full Faith and Credit Clause of the US Constitution, when a marriage is recognized in a common-law marriage state, the couple may be considered legally married when they move to another state.
It is important to note that there are misconceptions about common-law marriage. For instance, common-law marriage does not become automatic after a couple lives together for an extended period. An unmarried couple could live together for many years and still not be considered married in a state that recognizes common-law marriage if they do not have a marriage agreement or do not present themselves publicly as married.
In terms of property rights, Missouri law does not recognize any distinct property rights between unmarried individuals. Therefore, a "cohabitation agreement" may be necessary to protect each person's rights in the event of a breakup. Missouri law treats issues like child support and child custody the same, whether the couple is married or not.
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Frequently asked questions
No, Missouri does not recognize common-law marriages. Missouri law states that all common-law marriages are "null and void".
Common-law marriage allows couples to be considered married without a formal wedding or civil/religious ceremony. Some states recognize common-law marriages, but Missouri is not one of them.
Yes, if a couple has established a common-law marriage in a state that recognizes it, they will be considered legally married in Missouri.
The requirements for a common-law marriage vary by state, but generally include agreeing to be married, living together for a minimum period, and presenting themselves as a married couple to the public.
