Anaya Nolan
Common-law marriage is a term for a marriage that exists by agreement and cohabitation, without the need for legal validation. While common-law marriages are recognised in some US states, Michigan does not recognise them under state law. However, Michigan will respect common-law marriages that occurred in other jurisdictions, and couples who were in a common-law marriage before moving to Michigan may still be considered married under Michigan law.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | Michigan does not recognize common-law marriages, except for couples who were considered common-law married before 1957. |
| Recognition of common-law marriages from other states | Michigan will recognize common-law marriages from other states, provided certain requirements are met. |
| Rights of unmarried couples | Unmarried couples do not have the same legal rights as married couples, especially regarding property and asset division. |
| Protection of rights for unmarried couples | Unmarried couples can protect their rights through a cohabitation agreement, which outlines the division of assets and property in the event of a breakup. |
| Child custody laws for unmarried couples | Child custody laws for unmarried parents differ from those for married couples. The unmarried biological mother typically receives sole physical and legal custody, while the father must establish paternity and then file for custody. |
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What You'll Learn
Michigan does not recognise common-law marriage
In Michigan, common-law marriage is not legally recognised. This means that, unless you have lived with your partner with the agreement that you are married since 31 December 1956, your union will not be acknowledged by the state.
History of Common-Law Marriage in Michigan
Michigan passed a law in 1838 that allowed marriages to be solemnised by any justice of the peace or minister. This was the first step towards moving away from recognising common-law marriages. In 1957, Michigan changed its law to require that marriages must result from a marriage license. This meant that mere consent to be married or cohabitation was not enough for legal recognition.
Rights of Unmarried Couples in Michigan
Unmarried couples in Michigan do not have the same legal rights as married couples regarding property and asset division. Services rendered during the relationship are legally presumed to be gratuitous, and contracts signed as though both partners were in a marriage-like relationship are not legally enforceable. However, unmarried couples can protect their rights through a cohabitation agreement, which outlines what each person will receive in the event of a breakup.
Recognition of Common-Law Marriages from Other Jurisdictions
While Michigan does not recognise common-law marriages formed within the state, it will respect those that occurred in another jurisdiction. This means that if a couple has a valid common-law marriage in another state or jurisdiction, Michigan will treat them as a married couple and afford them the same rights and responsibilities.
Child Custody and Support for Unmarried Parents in Michigan
Child custody laws in Michigan for unmarried parents differ from those for married couples. Typically, the unmarried biological mother will receive sole physical and legal custody of the child. For an unmarried father to receive custody, he must establish paternity and then file for custody. Both biological parents are still required to provide necessary child support, even if they were never legally married.
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Common-law marriages from other states
- The couple must have lived in some form of cohabitation in a state that recognises common-law marriages.
- The state of origin must have clearly defined common-law marriage requirements.
- The date of the official recognition of the common-law marriage in the state of origin must be provided.
If a couple has established a common-law marriage in another state and then moves to Michigan, they are considered legally married and have the same rights and responsibilities as other married couples in Michigan. However, to be recognised as a legally married couple in Michigan, they must prepare a durable power of attorney and a medical power of attorney.
It is important to note that common-law marriages are slowly disappearing, with only a minority of states still recognising them. As of 2022, 13 states have never recognised common-law marriages, and 28 states that originally allowed it no longer do so. Michigan stopped recognising common-law marriages in 1957. However, common-law marriages established before 1957 in Michigan are still considered valid and legal in the state.
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Rights of unmarried couples
Michigan does not recognize common-law marriages. Common-law marriage is the term for a "marriage" that exists solely by agreement and cohabitation. In other words, a couple agrees to live together as if they were married.
However, Michigan will recognize common-law marriages that are valid in other states. For example, a Michigan court may consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws. In such cases, the couple will be treated as a married couple and afforded the same rights and responsibilities.
Unmarried couples in Michigan do not have the same rights as married couples. However, they can take steps to protect their rights, especially in the event of a breakup. One way to do this is through a cohabitation agreement, which is similar to a premarital agreement. A cohabitation agreement can outline what each person will receive in property division if the couple breaks up. It's important to note that cohabitation agreements cannot outline provisions for child custody and child support.
In Michigan, it is no longer illegal for an unmarried couple to live together. In July 2023, Governor Gretchen Whitmer repealed a 1931 law that criminalized cohabitation for unmarried couples. This change puts unmarried couples on equal footing with married couples when it comes to taxes.
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History of common-law marriage in Michigan
Common-law marriage in Michigan has a long history, dating back to before 1957. Under the old law, common-law marriage was recognised in Michigan, and a couple could claim to be married if they lived together and presented themselves as a married couple. This allowed them to file joint tax returns, share property, and legally adopt children.
However, in 1957, Michigan abolished common-law marriage through the Marriage Amendment Act, which was introduced by Senator John H. Stamm and passed unanimously in both the Michigan Senate and House of Representatives. The Act required couples to obtain a marriage license and have an official ceremony to be considered legally married. The reasoning behind this decision was to promote the importance of marriage and family stability, as there was a concern that common-law marriages led to more divorces and unstable family structures.
Despite this change, Michigan still respects common-law marriages that were established in other jurisdictions or states that recognise such unions. For example, if a couple is considered married under common law in Iowa and then moves to Michigan, their marriage will still be recognised by the state. Additionally, couples in a common-law marriage who move to Michigan are considered legally married for federal tax purposes, even though their union is not recognised as a marriage under Michigan law.
To summarise, while Michigan no longer recognises common-law marriages established within the state since 1957, it does acknowledge those formed in other jurisdictions and provides certain rights and protections to these couples.
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Divorce for common-law couples
In Michigan, common-law marriages are not recognized by the state, except for those formed before 1957. After 1957, no domestic partnership would be recognized as a common-law marriage in Michigan. Therefore, if a couple has a common-law marriage, they are not considered legally married under Michigan law and cannot go through a legal divorce process.
However, Michigan will recognize common-law marriages that were formed in other states and treat them as valid marriages. For this recognition, the couple must meet certain requirements, including:
- The couple must have cohabitated in a state that recognizes common-law marriage.
- The couple must meet the legal requirements for common-law marriage in that state.
- The date of the declaration of the common-law marriage can be determined.
If these requirements are met, Michigan will treat the couple as married and afford them the same rights and responsibilities, including the need to undergo divorce proceedings if they separate.
For couples who are not in a common-law marriage recognized by Michigan, there are still steps they can take to protect their rights in the event of a breakup. This can be done through a cohabitation agreement, which outlines property division in the event of a separation. However, it is important to note that cohabitation agreements cannot outline provisions for child custody and support, which are typically determined separately with the involvement of a family law attorney.
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Frequently asked questions
No, Michigan does not recognize common-law marriage, having abolished it in 1957. However, it will respect a common-law marriage that occurred in another jurisdiction.
A common-law marriage is a legal union between two adults who have not purchased a marriage license or had an official marriage ceremony.
The requirements for a common-law marriage include living together for a certain period of time, having the legal right to marry, and acknowledging each other as husband and wife. Some states also require the couple to draft a durable power of attorney and a medical power of attorney.
Common-law couples in Michigan do not have the same legal rights as married couples regarding property and asset division. They may protect their assets in the event of a separation by drafting a legal cohabitation agreement.
