Cameron Miranda
In the United States, common-law marriage refers to a couple being considered legally married despite not having completed the legal procedures to be married under state law. Common-law marriages are typically characterised by cohabitation, the intention to be married, and public recognition of the marriage. While common-law marriages are recognised in a handful of US states, Minnesota is not one of them. The Minnesota legislature abolished common-law marriage in 1941. However, the state does recognise common-law marriages that were legally contracted outside of Minnesota.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Minnesota | No |
| Common law marriage recognized if contracted in another state | Yes |
| Common law marriage defined by | (a) intent to be married; (b) cohabitation; and (c) public recognition of marriage |
| Common law marriage states | Colorado, Iowa, Kansas, Montana, Texas, Alabama, Georgia, and others |
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What You'll Learn
Common law marriage definition
A common-law marriage is a marriage without a license issued by a government agency, without a marriage certificate filed with the government, and without solemnization of the marriage in the presence of witnesses. In other words, it is a non-ceremonial or informal marriage.
To be in a common-law marriage, a couple must live together for a set number of years with the intention of being a married couple and "hold themselves forth" as married to others—meaning they inform people they are married. In states that recognize common-law marriage, the parties in a common-law marriage have the full rights of spouses in a legal marriage.
Minnesota does not recognize common-law marriages contracted within the state. Common-law marriage was abolished in Minnesota in 1941. However, Minnesota does recognize common-law marriages that were legally contracted outside of the state. If a couple is married by common law in another state, Minnesota will recognize it as long as it is valid by the other state's requirements.
In Minnesota, couples who cohabit outside of marriage are deprived of certain rights and shielded from certain obligations. For example, until paternity is confirmed, an unmarried father has no legal claim to custody or parenting time. Couples who cohabit long-term without entering into a legal marriage should make informed and deliberate decisions about raising children together, co-owning real estate, jointly signing off on debts or mortgages, or accepting and/or refraining from employment.
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Common law marriage in Minnesota
Common-Law Marriage in Minnesota
Common-law marriage is a marriage without a license issued by a government agency, without a marriage certificate filed with the government, and without solemnization in the presence of witnesses. In states that recognize common-law marriage, couples in a common-law marriage have the full rights of spouses in a legal marriage.
In Minnesota, common-law marriage laws were abolished in 1941. However, the courts in Minnesota will recognize a common-law marriage if the couple was married under common law in one of the states that still recognize common-law marriage and have subsequently moved to Minnesota.
There are only a handful of states that still recognize common-law marriage, including Colorado, Iowa, Kansas, Montana, Texas, Alabama, Georgia, and South Carolina. Each state has its own laws and stipulations regarding common-law marriage. For example, in Iowa, common-law marriage is allowed for the purposes of the Support of Dependents Chapter, and in Texas, common-law marriage is recognized under specific circumstances.
Couples who cohabit long-term without entering into a legal marriage should be aware of the legal implications of their decision. They should make informed and deliberate decisions about raising children together, co-owning real estate, jointly signing off on debts or mortgages, or accepting and/or refraining from employment.
In summary, while common-law marriage is not recognized in Minnesota, the state will acknowledge common-law marriages that were legally contracted outside of the state.
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Termination of a common law marriage
Common law marriage does not exist in Minnesota. It was abolished in the state in 1941. Therefore, a common law marriage cannot be established in Minnesota, regardless of how long a couple lives together or how often they tell others they are married.
However, Minnesota courts will recognize a common law marriage if the couple was married by valid common law in a state that recognizes common law marriage and then relocated to Minnesota. In this case, the couple would have the same rights as a legally married couple in Minnesota, including the right to ask for spousal support. This putative spouse status is terminated when it is discovered that the individual is not legally married, and no additional rights can be acquired.
If a couple has cohabited but was never married, and their relationship terminates, it is important to speak with a family law attorney to protect one's rights.
In states that do recognize common law marriage, there is generally a minimum period that couples must live together and hold themselves forth" as a married couple before it is considered a "marriage" by the state. Once a couple is deemed "married," they must go through the court process to terminate the relationship.
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Minnesota's recognition of out-of-state common law marriages
Minnesota does not recognise common-law marriage within its borders. Common-law marriage was abolished in the state in 1941. This means that no matter how long a couple lives together in Minnesota, or how often they tell others they are married, a common-law marriage cannot be established in the state.
However, Minnesota does recognise out-of-state common-law marriages. If a couple was married by valid common law in one of the states that recognise common-law marriage, and that couple then relocates to Minnesota, the courts in Minnesota will recognise their common-law marriage.
Common-law marriage refers to a situation in which people are considered legally married simply because they live together for a long time and hold themselves out as if they are married, despite not having followed the legal procedures to be married under state law. In states that recognise common-law marriage, the parties in a common-law marriage have the full rights of spouses in a legal marriage. This means that they would be entitled to an equitable share of the couple's marital property, should they divorce.
As of 2022, only a handful of states recognise common-law marriage. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Oklahoma, Utah, South Carolina, and New Hampshire (only when inheriting assets from a deceased partner).
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Rights and obligations of unmarried cohabiting couples
Minnesota law does not recognize common-law marriage. A couple is considered to be in a "common-law marriage" when they have met certain requirements, such as living together for a set number of years with the intention of being a married couple and presenting themselves as married to others. However, in Minnesota, common-law marriages are not legally recognized.
For unmarried cohabiting couples in Minnesota, it is important to understand their rights and obligations, which differ from those of married couples. Unmarried partners do not have the same rights as married individuals, particularly regarding property acquired during the relationship. Marital property laws and family laws related to marriage do not apply to unmarried couples, even if they are in a long-term relationship.
Unmarried cohabitants in Minnesota should be aware that they may not have automatic rights to the assets or earnings of their partner, regardless of the duration of their relationship. Without a written agreement, joint possessions are typically distributed according to who paid for them. This can become complex if only one partner's name is listed on the title of a shared asset, such as a house. Therefore, it is highly recommended that unmarried couples create a cohabitation agreement to outline the distribution of their joint possessions in the event of a separation or the death of one partner.
A cohabitation agreement is a written and signed document that describes the property, money, and debts of the couple. It specifies what will happen to their shared assets and financial obligations if their relationship ends or if one partner passes away. This agreement can help protect the rights of both parties and avoid unforeseen consequences upon separation or death. It is also important to include "consideration" in the agreement, which means that something is given in exchange for something else, such as sharing income in exchange for domestic responsibilities.
In addition to property and financial matters, unmarried cohabitants in Minnesota should also consider estate planning and medical care decisions. By default, an unmarried partner is not considered an heir under the law and does not have the same rights as a spouse to make medical care decisions. Therefore, it is advisable for unmarried couples to create estate plans and power of attorney agreements to ensure their wishes are respected in these areas.
In summary, unmarried cohabiting couples in Minnesota do not have the same rights and obligations as married couples. To protect their rights and plan for various scenarios, it is essential for unmarried couples to create comprehensive cohabitation agreements, estate plans, and power of attorney arrangements. These legal tools can help ensure a secure future and provide peace of mind for both partners.
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Frequently asked questions
No, common-law marriage is not recognized in Minnesota. The Minnesota legislature abolished common-law marriage in 1941.
Common-law marriage is when a couple is considered legally married by residing together for a long time and holding themselves out as married, without following the legal procedures for marriage under state law.
Examples of not following legal procedures include not obtaining a marriage license, not having a marriage certificate filed with the government, and not solemnizing the marriage in the presence of witnesses.
Yes, common-law marriage is recognized in a handful of states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Oklahoma, New Hampshire, and South Carolina.
