Anaya Nolan
Common-law marriage, also known as a non-ceremonial marriage, is a type of marriage that does not require a license or a formal ceremony. Instead, it is formed by the exchange of words or vows with the clear intention to be legally recognised as husband and wife. In the US, only eight states recognise common-law marriages, and Pennsylvania is one of five states that previously allowed it but no longer does so. However, Pennsylvania still recognises common-law marriages formed on or before a specified date, usually stated as January 1, 2005.
| Characteristics | Values |
|---|---|
| Number of states recognizing common-law marriages in 2024 | 8 |
| States recognizing common-law marriages in 2024 | Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah |
| States that previously recognized common-law marriages | Pennsylvania |
| Current recognition of common-law marriages in Pennsylvania | Not recognized, except for marriages that occurred on or before January 1, 2005 |
| Recognition of out-of-state common-law marriages in Pennsylvania | Recognized |
| Requirements for common-law marriage | Exchange of words with the specific purpose of establishing a legal relationship as husband and wife; living together is not sufficient |
| Proof of common-law marriage | Joint tax returns, joint loans, financial documents, witnesses |
| Benefits of common-law marriage | Same as ceremonial marriage, including rights to Social Security benefits, employment benefits, and rights to each other's assets and debts |
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What You'll Learn
Common law marriage in PA after 2014
In Pennsylvania, a common-law marriage is when a couple exchanges words in the present tense with the specific purpose of establishing a legal relationship as husband and wife. There are no specific words that need to be spoken, but the intention must be clear. For example, an agreement by a couple that they "will get" married forms an engagement, not a common-law marriage.
In the past, common-law marriages were a regular feature of life in Pennsylvania, particularly in frontier days when ministers, pastors, and judges were hard to find. However, Pennsylvania no longer recognizes common-law marriages that occurred after January 1, 2005. This means that if you were not in a common-law marriage before this date, you are not considered married under Pennsylvania law.
Despite this, Pennsylvania courts must still recognize out-of-state common-law marriages, including those that began after 2005. If you established a common-law marriage in another state that recognizes such marriages, you may still be entitled to all the rights of a spouse in Pennsylvania.
If you are claiming a common-law marriage in Pennsylvania, you will need to provide clear and convincing evidence. This may include records that establish proof of marriage, such as joint tax returns, joint loans, or other financial documents. You may also need to demonstrate your intent to marry by providing witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community.
It's important to note that even if you are in a common-law marriage, you will need to obtain a legal divorce from a court of competent jurisdiction if your relationship ends.
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PA courts and out-of-state common-law marriages
Pennsylvania's courts have long struggled with deciding if a couple is married by common law, especially when there is no marriage license, officiant, or ceremony. The court's determination can have significant implications, such as inheriting property from a spouse's estate or losing the property built up during the relationship.
The legislative intent behind the change in Pennsylvania's common-law marriage recognition was to bring clarity and consistency to marital status and avoid the legal ambiguities and disputes that had plagued the courts for years. Lawmakers pointed to the difficulties in adjudicating claims of common-law marriage, which often involved complex and contradictory evidence about a couple's intent and conduct.
Pennsylvania does not recognize any common-law marriages formed after January 1, 2005. However, the state still recognizes common-law marriages established before this date, either in Pennsylvania or in another state that recognized such marriages at the time. If one partner has passed away, the other may need to provide their statement, a statement from their blood relative, and two statements from the deceased's blood relatives.
Even if a couple claims a common-law marriage before 2005, it is challenging to prove that their relationship qualified under Pennsylvania's legal requirements. They must provide clear and convincing evidence of exchanging words in the present tense with the explicit intent to establish a marital relationship. This could include documents showing they lived together, testimony from friends and community members who considered them married, designating each other as beneficiaries on insurance policies and retirement plans, and joint credit applications.
If a couple moved to Pennsylvania and their home state has not ruled on their common-law marriage, they can ask a Pennsylvania court to determine the validity of their marriage under their home state's laws to protect their marital rights.
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Benefits of common-law marriage
Common-law marriage is a type of marriage that does not require a marriage license or a civil or religious ceremony. While Pennsylvania no longer recognizes common-law marriages established after January 1, 2005, those established before this date are still valid. Here are some benefits of common-law marriage:
Social Security Benefits
If you have established a common-law marriage in Pennsylvania before the cutoff date, you and your spouse may be eligible for Social Security spousal benefits. The Social Security Administration (SSA) acknowledges common-law marriages in states that recognize them, and both spouses must complete a "Statement of Marital Relationship" and provide statements from blood relatives affirming the marriage.
Spousal Death Benefits
Common-law spouses in Pennsylvania may be entitled to spousal death benefits, which can provide financial support in the event of the death of a spouse.
Inheritance Rights
Common-law spouses in Pennsylvania may have inheritance rights, including zero percent inheritance tax when inheriting from their spouse, compared to the 15% tax for unrelated persons.
Property Rights
In the event of a permanent separation, common-law spouses in Pennsylvania may be entitled to property division, spousal support, or alimony, depending on the circumstances.
Other Benefits
Common-law marriage may also provide other benefits, such as employment benefits like pension benefits, and the right to make medical decisions for your spouse. Additionally, common-law spouses may have a stronger claim to custody of any children they raise together.
While common-law marriage offers these benefits, it is important to note that the legal recognition of such marriages in Pennsylvania has become more challenging over time, and the specific circumstances of each case can greatly impact the outcome.
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Proving a common-law marriage
In Pennsylvania, a couple may claim to be married under common law if there is clear and convincing evidence that the couple exchanged words in the present tense with the specific purpose of establishing the legal relationship of husband and wife. This exchange of words must have taken place on or before January 1, 2005.
To prove a common-law marriage, a couple must provide clear and convincing evidence of their exchange of words or vows, clearly intending to establish their legal relationship. There are no specific words that need to be spoken, but the purpose of the exchange must be explicit. For example, an agreement by a couple that they "will get" married does not constitute a common-law marriage.
In addition to the exchange of words, a couple may need to provide further evidence to prove their common-law marriage, such as:
- Records that establish proof of the marriage, such as joint tax returns, joint loans, or other financial documents.
- Witnesses who can testify that the couple held themselves out as a married couple to family, friends, and the community.
- Documents showing that they lived together, such as jointly signed leases or mortgages.
- Testimony from friends and community members that they were considered a married couple.
- Statements from blood relatives affirming the marriage.
- Additional documentation, such as mortgage or rent receipts, insurance policies, or bank records.
It is important to note that simply living together, having children together, or owning property together does not prove the existence of a common-law marriage. The court's determination of a common-law marriage can have significant implications for the couple's rights, including Social Security spousal benefits, death benefits, and property inheritance.
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Common-law marriage requirements
Common-law marriage, also known as a "non-ceremonial" marriage, is a type of marriage that does not require a license and instead follows a different set of rules. While Pennsylvania is no longer one of the eight states that recognize common-law marriages, it still acknowledges out-of-state common-law marriages and those formed on or before January 1, 2005.
Exchange of Words or Vows
The couple must have exchanged words or vows with the specific intent to establish the legal relationship of husband and wife. There are no specific words required, but the purpose of the exchange must be clear and convincing. For example, saying "I will marry you" indicates an engagement, while stating "I take you as my spouse" or "we are married" signifies a present intention to be married.
Capacity to Marry
Both partners must have the legal right and capacity to marry. This typically means they must be at least 18 years old, of sound mind, and not already married to other people.
Behaviour as a Married Couple
Both individuals must hold themselves out as a married couple to friends, family, and the public. This includes introducing themselves as spouses, using the same last name, filing joint tax returns, applying for joint credit cards, and owning property together.
Witness Testimony
Witnesses may be required to testify that the couple held themselves out as a married couple. They may also be questioned about any ceremonies that took place and the specific words exchanged.
Documentation
Documentation such as joint tax returns, joint loans, financial records, mortgage or rent receipts, insurance policies, and bank records can help establish proof of the marriage.
It is important to note that the existence of a common-law marriage confers the same rights and benefits as a ceremonial marriage. If a common-law marriage ends, a legal divorce must be obtained, and property division, spousal support, or alimony may be applicable.
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Frequently asked questions
A common-law marriage is a marriage that does not require a marriage license or a formal ceremony. It is a type of "non-ceremonial" marriage that instead adopts a different set of rules.
Pennsylvania is one of five states that no longer allow common-law marriages but continue to recognize such marriages formed before a specified date. In the case of Pennsylvania, common-law marriages formed on or before January 1, 2005, are still valid and recognized by the state.
For a common-law marriage in Pennsylvania, couples must exchange words in the present tense with the specific purpose of establishing the legal relationship of husband and wife. There are no specific words that need to be spoken, but the intent must be clear. Additionally, both partners must have the legal right to marry, and they must hold themselves out as a married couple to family, friends, and the community.
To prove a common-law marriage in Pennsylvania, you may need to provide records such as joint tax returns, joint loans, or other financial documents. Witnesses may also be required to testify that the couple held themselves out as a married couple. If one spouse has passed away, additional documentation, such as statements from blood relatives, may be required.
