Cecily Zamora
Common-law marriage is a legal marriage without a formal ceremony, marriage license, or certificate. Common-law marriages are recognized in only a handful of states in the US, and each state has its own requirements for qualification. Generally, common-law marriages require cohabitation, the legal capacity to marry, and the intention to be married. Couples in a common-law marriage may have the same rights as a couple who went through a formal marriage process, including inheritance rights, tax benefits, and Social Security benefits. The legal validity of a common-law marriage is determined by the law of the jurisdiction where the marriage was celebrated.
| Characteristics | Values |
|---|---|
| Recognition by federal government | Common law marriages are not recognized by the federal government, but are recognized by some states. |
| Legal validity | Common law marriages are considered legal and are as valid and binding as formalized marriages in states that recognize them. |
| Requirements | Common requirements include living together, having the legal right to marry, intent to be married, and behaving as a married couple. |
| Benefits | Common law spouses may enjoy benefits such as Social Security, tax exemptions, inheritance rights, and health insurance savings. |
| Dissolution | Common law marriages can only be legally ended by divorce in states where they are recognized. |
| Naturalization | USCIS recognizes common law marriages for naturalization purposes if the marriage is valid and recognized by the state in which it was established. |
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What You'll Learn
Common law marriage requirements
In the United States, common-law marriage has existed since colonial times, when America was a colony of England. Common-law marriage, also known as non-ceremonial marriage, is a legal marriage that does not require a formal wedding ceremony, marriage license, or marriage certificate. Instead, it is based on an agreement between two people to consider themselves married, followed by cohabitation. While most states have abolished common-law marriage, it is still recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma, and the District of Columbia.
The requirements for a common-law marriage vary slightly depending on the state, but there are some general requirements that are typically necessary. Firstly, both partners must have the legal right or capacity to marry. This usually means they must be at least 18 years old, of sound mind, and not already married to someone else. Secondly, both partners must intend to be married and hold themselves out to friends, family, and the public as a married couple. Their behaviour should reflect that of a married couple.
Additionally, cohabitation is a crucial aspect of common-law marriage. While there is no statutory requirement for the length of time a couple needs to live together, generally, the longer they live together, the stronger their case is for common-law marriage. Same-sex couples can also be considered common-law married as long as they meet the same requirements as opposite-sex couples. It is important to note that the burden of proof falls on the couple claiming common-law marriage, especially if they wish to inherit property or receive benefits after the death of their partner.
While common-law marriage is recognised in certain states, it is not always easy to prove. Some states provide for the registration of an informal or common-law marriage based on a state-issued form completed by both spouses. Additionally, USCIS recognises common-law marriages for naturalisation purposes if the marriage was valid and recognised by the state in which it was established, even if the application is filed in a jurisdiction that does not recognise common-law marriage. Overall, it is important to understand the specific requirements and recognition of common-law marriage in each state, as they may vary.
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Common law marriage recognition
Common-law marriage is a legal marriage that is informal in nature. This means that the married couple did not have a formal wedding ceremony and did not obtain a marriage license or marriage certificate. Common-law marriages are currently only recognized in 15 states and the District of Columbia, with each state having its own requirements for qualification.
In states that allow common-law marriages, couples may have the same rights as couples who went through the formal marriage process. Common-law spouses have the same inheritance rights as formally married spouses, and they may qualify for various federal benefits, such as spousal retirement and Social Security benefits. They also enjoy unlimited marital exemptions for their estate up to the federal estate tax limit and can claim deductions for mortgage interest if they co-own a house or have children.
The general requirements for a common-law marriage are that the couple lives together for a period of time (with the length of time considered on a case-by-case basis), both partners must have the legal right or "capacity" to marry, and both partners must intend to be married and behave as a married couple by holding themselves out as such to friends, family, and the community.
The USCIS recognizes common-law marriages for purposes of naturalization if the marriage was valid and recognized by the state in which it was established. This is also known as the "place-of-celebration rule," which determines the legal validity of a marriage based on the law of the jurisdiction in which it was performed.
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Common law marriage benefits
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 seven US states, the District of Columbia, and some provisions of military law. Two other states recognise domestic common-law marriage after the fact for limited purposes. The concept of common-law marriage has been defended in various US courts, including the US Supreme Court, which ruled in 1877 that a non-ceremonial marriage could be lawful and enforceable if a state's law did not prohibit it.
The primary advantage of common-law marriage is that couples are assigned the same marital rights and responsibilities as formally married couples, without having to go through a formal ceremony or obtain a marriage license. These rights include healthcare benefits, hospital visitation rights, the right to make emergency medical decisions, access to personal records, rights in property division upon separation, child custody rights, spousal support rights, inheritance rights, and tax deductions.
Common-law marriage also offers simplicity, as it does not involve the complexities of wedding preparations and paperwork. Additionally, in some states, common-law spouses can receive spousal Social Security benefits if they can prove the number of years they lived together in a common-law state.
However, it is important to note that common-law marriage has some disadvantages and risks. For example, it can be challenging to prove marital status in the absence of a formal record. Additionally, if one partner denies the existence of the marriage or dies without a will, the other partner may be left vulnerable and without entitlements. The laws governing common-law marriage vary from state to state, and it is not recognised in all US states or in other parts of the world.
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Common law marriage separation
Common law marriages are legally recognised in some US states, including Colorado, the District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. In states that recognise common law marriages, a legal divorce is required to dissolve the union.
The process of divorce for common law marriages varies by state, as each may have specific requirements for proving the marriage existed. Before delving into the divorce process, the couple must first establish the validity of their common-law marriage in a court of law. This typically involves presenting evidence of cohabitation for a stipulated period, intention to live as a married couple, and public acknowledgment of the relationship as a marriage.
A financial advisor can help determine the potential impact of a divorce on an individual's financial situation. This is particularly important in common law marriages, as these unions are often formed without a full appreciation of the legal and financial implications of the partnership. For example, if a common law married couple separates without a legal divorce, one partner could later claim assets from the marriage, including assets acquired during the marriage or brought to the marriage by the other partner. Additionally, a spouse who separates without a valid divorce is still legally married and cannot remarry without violating bigamy laws.
It is important to note that common law marriages are distinct from civil unions, domestic partnerships, or other such relationships not recognised as marriages. These relationships are not recognised by USCIS for naturalisation purposes, even if valid in the place of celebration.
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Common law same-sex marriage
In the United States, federal common law on marriage recognises two types of marriages: ceremonial and common-law. A ceremonial marriage is a "marriage performed by a religious or civil authority with the usual or customary ceremony or formalities". A common-law marriage, on the other hand, is established by an express agreement between two parties using words in the present tense, with the couple subsequently holding themselves out as married. Common-law marriages are recognised by USCIS for naturalisation purposes if the marriage was valid in the state where it was established.
The legal validity of a marriage, including same-sex marriages, is determined by the law of the jurisdiction where the marriage was celebrated. This means that the validity of a same-sex marriage is not affected by the laws and policies of the state where the couple resides. In the case of a same-sex couple living in a jurisdiction that does not recognise their marriage, an officer will refer to the law of the state where the marriage was celebrated to determine its validity.
While only 16 states recognise common-law marriage, all states recognise legal marriages created in other states. Same-sex couples have the same capacity to enter into marriage contracts as opposite-sex couples, and this includes common-law marriages. In the 2017 Pennsylvania Superior Court case, 'In Re Estate of Carter', the court upheld the constitutional reality that same-sex couples have the same rights to marriage contracts as opposite-sex couples.
In states where common-law marriages were abolished before the legal recognition of same-sex marriage, there are exceptions. For example, in Pennsylvania, a same-sex common-law marriage contracted before January 1, 2005, is recognised even though the state did not recognise same-sex marriages until May 20, 2014. Similarly, in South Carolina, a court recognised a same-sex common-law marriage dating back to 1987, despite same-sex marriage only being legalised in the state in 2014. This ruling was based on the Supreme Court case, Obergefell v. Hodges, which legalised same-sex marriage, being applied retroactively.
Proving a common-law marriage status is particularly important for same-sex couples who were prevented from entering into a ceremonial marriage due to laws that have since been declared unconstitutional. By establishing a common-law marriage, same-sex couples can access the same rights, benefits, and responsibilities as legal marriages, including equitable distribution of marital property, amendment of death certificates, and intestate succession.
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Frequently asked questions
Common-law marriage is a legal marriage that is informal in nature. This means that the married couple did not have a formal wedding ceremony and did not obtain a marriage license or marriage certificate.
Common-law marriages are recognized in only 15 states and the District of Columbia. These include Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah.
The requirements for a common-law marriage vary from state to state. However, some general requirements include living together, having the legal right or "capacity" to marry, mutual intent to be married, and holding themselves out as a married couple to the public.
Common-law spouses have the same inheritance rights as formally married spouses. They are also eligible for federal benefits, such as spousal retirement and Social Security benefits, as well as tax benefits and medical benefits.
To prove a common-law marriage, you may need to provide certain legal documents, such as proof of cohabitation, joint ownership of assets, or representation as a married couple to the public.
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