Gavin Howe
Common-law marriage, also known as non-ceremonial or informal marriage, is a legally recognised union in some US states, where a couple is considered married without a marriage license or ceremony. While most US jurisdictions do not allow common-law marriages, a minority of states do, and New Hampshire is unique in that it recognises common-law marriages in limited circumstances, specifically for inheritance purposes. This means that if a couple lives together for at least three years and one of them dies, the surviving partner can file a legal action to receive their fair share of the deceased's assets, as long as they acknowledged each other as spouses and were regarded as such by their community.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Recognized only to a limited extent |
| Requirements | Cohabit and acknowledge each other as spouses for at least 3 years until the death of one of them |
| Legal recognition | Requires a formal ceremony and a marriage license in New Hampshire |
| Inheritance | Surviving spouse can file a legal action to secure a fair share of the deceased partner's assets |
| Divorce | Couples with a common-law marriage must go through a formal divorce process, dividing assets and liabilities and making decisions about custody |
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What You'll Learn
- Common-law marriage is a non-ceremonial marriage
- Common-law marriage is only recognised in limited circumstances
- Common-law marriage is not recognised in New Hampshire
- Common-law marriage is recognised for purposes of inheritance
- Common-law marriage is a legally recognised marriage without a license or ceremony
Common-law marriage is a non-ceremonial marriage
Common-law marriage, also known as non-ceremonial marriage, is a legally recognised union between two people who are free to marry and consider themselves married, even without a formal ceremony, marriage licence, or official documentation. This form of marriage has existed since 1877 and is currently recognised in a minority of states in the US, including New Hampshire, albeit with limitations.
In New Hampshire, common-law marriage is only acknowledged in specific circumstances, primarily related to inheritance and property rights after the death of one partner. According to RSA 457:39, if a couple cohabits and acknowledges each other as husband and wife for at least three years until one of them passes away, the survivor may be treated as the spouse of the deceased and can file a legal action to secure their fair share of the decedent's assets. This recognition of common-law marriage by death is further clarified in the case of In Re Estate of David J. Bourassa.
The criteria for recognising common-law marriage vary across states. In New Hampshire, the community's perception of the couple as spouses and their behaviour as a married couple, not just romantic partners, are crucial factors. While New Hampshire does not permit new common-law marriages to be formed, it will recognise those established in other states with full faith and credit, requiring legal divorce if such a marriage ends within the state.
It is important to note that common-law marriage is distinct from traditional or ceremonial marriage, which involves obtaining a marriage licence and hosting a wedding ceremony. New marriages in New Hampshire can only be created through this traditional process, which includes applying for a marriage licence from a city or town clerk of court. However, the state's unique twist in its marriage laws allows for the recognition of common-law marriages in specific instances, primarily related to inheritance rights.
In summary, common-law marriage, or non-ceremonial marriage, is a valid form of marriage in a minority of US states, including New Hampshire, under specific conditions. While it does not involve the formalities of a traditional marriage, it carries legal implications, particularly regarding inheritance rights after the death of one partner.
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Common-law marriage is only recognised in limited circumstances
Common-law marriage, also known as a "'non-ceremonial' marriage", is a legally recognised union between two people who are free to marry and consider themselves married, even though they have not participated in a formal ceremony or obtained a marriage license. While common-law marriage is not recognised in most American jurisdictions, a minority of states continue to recognise it to varying degrees.
New Hampshire is one such state that recognises common-law marriage in limited circumstances. Specifically, New Hampshire will only recognise a common-law marriage for purposes of inheritance. In order for a surviving spouse to inherit their deceased partner's assets, the following criteria must be met:
- The couple must have cohabited for at least three years before one of them died.
- They must have acknowledged each other as spouses during their lifetime.
- They must have behaved as a married couple, and not merely romantic partners, in their dealings with each other.
- They must have held themselves out as a married couple to their family, friends, and community.
It is important to note that New Hampshire does not allow couples in a common-law marriage to benefit from most marriage laws or appear in court as a married couple. New marriages in the state can only be created through a ceremony and the appropriate license.
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Common-law marriage is not recognised in New Hampshire
Common-law marriage, also known as a non-ceremonial or informal marriage, is a legally recognised union between two people who have not purchased a marriage license or participated in a formal ceremony. In the United States, common-law marriage has existed since 1877, and while it may seem archaic, it still exists in some form in a minority of states.
New Hampshire does not allow people to form new common-law marriages, and it only recognises common-law marriage in limited circumstances. Specifically, New Hampshire will only recognise a common-law marriage for purposes of inheritance. The rule, as outlined by the General Court of New Hampshire, states that if a couple lives together for at least three years and one of them dies, the surviving partner may be treated as the spouse of the deceased and can file a legal action to secure their fair share of the decedent's assets. All of the following criteria must be met:
- The couple lived together for at least three years before one of them died.
- They acknowledged each other as spouses during this time.
- They behaved as a married couple, and not merely romantic partners, in their interactions.
- They held themselves out as a married couple to their family, friends, and community.
- The community regarded them as spouses.
It is important to note that this recognition of common-law marriage in New Hampshire is narrow and will not apply to many couples. New marriages in the state can only be created through a ceremony and the purchase of a marriage license. Therefore, while New Hampshire does recognise common-law marriage in limited circumstances, it does not generally recognise common-law marriage in the broader sense.
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Common-law marriage is recognised for purposes of inheritance
In New Hampshire, common-law marriage is only recognized for purposes of inheritance. This means that if a couple lives together for at least three years and one of them dies, the surviving partner can file a legal action to receive their fair share of their deceased partner's assets. However, this is only possible if the couple acknowledged each other as spouses, behaved as a married couple, and were regarded as such by their community.
New Hampshire does not allow the formation of new common-law marriages, and it only recognizes common-law marriages in limited circumstances. The state requires marriages to comply with the requirements of RSA Chapter 457, which includes obtaining a marriage license.
To prove a common-law marriage for inheritance purposes, the surviving spouse must demonstrate that they and their deceased partner held themselves out to the public as a married couple and that the community believed them to be married. This can include testimony from friends, family, witnesses, and other community members.
It is important to note that common-law marriage in New Hampshire does not provide the same benefits as a formal marriage, such as tax advantages, health insurance coverage, or legal benefits related to divorce, alimony, or property division.
If individuals want to secure their rights and benefits as spouses, they should consider formalizing their union through a legal marriage ceremony.
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Common-law marriage is a legally recognised marriage without a license or ceremony
In the United States, common-law marriage has existed since 1877, though it is only recognised in a minority of states. Common-law marriage is a legally recognised marriage between two people who have not purchased a marriage licence or had a marriage ceremony.
New Hampshire does not allow people to form new common-law marriages, and it only recognises common-law marriage in limited circumstances. The state does not recognise common-law marriage until one partner has died. In this instance, the surviving spouse can secure their fair share of the decedent's (dead spouse's) estate.
For a common-law marriage to be recognised in New Hampshire, the couple must cohabit for at least three years before one of them dies. In that time, they must have acknowledged each other as spouses, behaved as a married couple, and been regarded as such by the community.
New marriages in New Hampshire can only be created through a ceremony. To marry, a couple must first apply for a marriage licence from a city or town clerk of court. Marriage licences are valid for 90 days from the date they are filed.
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Frequently asked questions
A common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or had a legal ceremony.
New Hampshire does not allow people to form new common-law marriages, but it will recognise them for purposes of inheritance.
The couple must cohabit for at least three years, acknowledge each other as spouses, behave as a married couple, and be regarded as such by the community.
The surviving spouse can secure a fair share of the decedent's (dead spouse's) estate, which is the only way New Hampshire will recognise a new common-law relationship.
