Kara Sears
In Louisiana, common-law marriage is not recognized, and it has never been. This means that two people living together and considering themselves married without obtaining a marriage license or undergoing a formal marriage ceremony are not seen as a married couple by the state. Despite this, Louisiana does recognize common-law marriages that were established in other states or jurisdictions where such unions are permitted. The history of common-law marriage in Louisiana dates back to the Spanish colonial period, starting in 1769, and it continued to be recognized after the state became a part of the US in 1805. However, in 1997, Louisiana amended its Civil Code to remove common-law marriage as a legally recognized form of marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No, not since 1997 |
| Common law marriage from other states recognized | Yes |
| Requirements for common law marriage | Cohabitation, capacity, agreement |
| Rights of common law couples | Inheritance, social security, medical decisions, spousal support |
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What You'll Learn
Common-law marriage recognised in other states
In the United States, 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 states and the District of Columbia, with two other states recognising it for limited purposes.
The seven states that currently recognise common-law marriage are:
- Alabama
- Colorado
- Texas
- Indiana
- Ohio
- Pennsylvania
- Georgia
The two states that recognise common-law marriage for limited purposes are Alabama and Florida.
While the concept of common-law marriage is not recognised in Louisiana and has never been, the state typically recognises valid common-law marriages established in states where they are legal. This means that if a couple is considered married under common-law rules in a state like Texas or Colorado, Louisiana will usually honour that status.
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Common-law marriage history in Louisiana
Common-law marriage, also known as informal marriage, is a legal arrangement in some US states. It is a type of marriage that is formed without an official license or ceremony. Louisiana does not allow common-law marriages to be formed within the state. However, it does recognize valid common-law marriages established in other states where they are legal.
The concept of common-law marriage dates back to the Middle Ages in England, where it was used to provide legal recognition to couples who could not legally marry due to various reasons, including religious or social barriers. When English colonists settled in America, they brought the concept of common-law marriage with them. In Louisiana, common-law marriage dates back to the Spanish colonial period, which started in 1769. The Spanish government recognized common-law marriage as a way of legitimizing the union of enslaved individuals who could not marry legally due to their status.
In 1805, Louisiana became a US state, and common-law marriage continued to be recognized as a valid form of marriage. However, in 1997, Louisiana amended its Civil Code to remove common-law marriage as a recognized form of marriage. The amendment was made in response to a case (Richard v. Richard) in which the state Supreme Court held that common-law marriage could not be used to claim certain benefits, including workers’ compensation. Despite the removal of common-law marriage in the state’s Civil Code, Louisiana still recognizes common-law marriage under certain circumstances.
In Louisiana, common-law marriage is not recognized as a valid form of marriage. To be legally recognized as a married couple in Louisiana, a formal marriage ceremony must be performed in the physical presence of both individuals in the relationship, by a third person competent to do so, and observed by two adult witnesses. The voluntary permission of both couples to accept one another as husband and wife must also be included in the ceremony.
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Legal rights of cohabiting couples
In Louisiana, common-law marriage, or informal marriage, is not recognized if the couple resides in the state. This means that the law does not consider a couple legally married unless they go through the formal process of obtaining a marriage license and having a marriage ceremony. However, if a couple establishes a common-law marriage in another state and then moves to Louisiana, the state's courts will typically treat them as a married couple.
Louisiana has a strong presumption against common-law marriage, and simply living together as a couple does not create a common-law marriage in the state. To establish a common-law marriage in Louisiana, specific requirements must be met, including cohabitation, capacity, and agreement.
Cohabitation refers to the couple living together as spouses, sharing a residence, and presenting themselves as a married couple to others. Capacity means that both partners must have the legal capacity to marry, including being of legal age, not already married, and not closely related by blood or adoption. Finally, agreement means that the couple must have a mutual understanding that they are married and hold themselves out as a married couple publicly.
Despite not recognizing common-law marriages originating in Louisiana, the state does recognize valid common-law marriages established in other states where it is legal, such as Texas or Colorado. In these cases, Louisiana courts will generally respect the couple's status and handle issues like divorce or property division similarly to officially married couples.
In terms of legal rights, common-law spouses in Louisiana have certain rights and protections similar to those in traditional marriages. These include community property rights, inheritance rights, and the ability to make medical decisions on behalf of their partner. However, it is important to note that establishing a common-law marriage can be challenging, and legal agreements such as cohabitation contracts or wills may be necessary to protect assets and rights.
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Protecting assets without traditional marriage
In 1997, Louisiana amended its Civil Code to remove common-law marriage as a recognized form of marriage. Despite this, Louisiana still recognizes common-law marriages from other states and continues to honor those unions.
While prenuptial agreements are a great way to protect assets in case of a divorce, they are not the only way. Here are some ways to protect your assets without a prenup:
- Keep separate property separate: Ensure that any property you want to keep separate from marital property remains solely in your name. If you own a home before marriage and then add your spouse's name to the deed, it becomes marital property. Similarly, avoid depositing marital income into separate accounts.
- Open a joint account: By opening a new joint account and depositing shared funds, you can maintain separate accounts without risking the funds.
- Document everything: Keep important records and legal statements from the beginning of your marriage. If you are a business owner, get a valuation of your business before your marriage. The more records you have of non-marital property, the better your case for keeping it separate.
- Keep gifts and inheritances separate: While these are generally excluded from marital property, using them to pay down a mortgage, for example, would mean losing the protections offered by family law rules.
- Put funds in a revocable trust: This provides an added layer of protection and allows you to manage those funds during your marriage.
- Be aware of creditors: If your partner has debt, your assets may become accessible to their creditors.
- Seek legal advice: An attorney experienced in family law can provide guidance on protecting your assets.
Remember, it is important to discuss these matters with your partner and seek independent legal advice where necessary.
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Legal requirements for marriage
In Louisiana, common-law marriage, also known as informal marriage, was recognized as a valid form of marriage until 1997. This is a type of marriage that is formed without an official license or ceremony. However, Louisiana has never allowed common-law marriages to be formed within the state.
Louisiana has specific legal requirements for marriage that must be met for a marriage to be recognized as valid. Here are the key requirements:
- Marriage License: To get married in Louisiana, couples must obtain a marriage license. The application process typically involves providing identification, such as a government-issued ID card or a valid passport, and may require both parties to appear and sign before a deputy clerk or a notary public. There may also be age requirements and consent considerations for minors.
- Ceremony: A marriage ceremony is generally required in Louisiana. The ceremony can be performed by authorized officials, including judges, justices of the peace, and certain clergy members, within specific territorial limits.
- Covenant Marriage: Louisiana recognizes a unique form of marriage called a "covenant marriage." This type of marriage has additional requirements and can only be terminated under specific circumstances, such as divorce for certain enumerated causes.
- Consent and Capacity: Both parties must freely consent to the marriage and have the legal capacity to marry. This includes meeting age requirements, not being currently married to someone else, and not being closely related to the intended spouse.
- Residency: While not always required, some states, including Louisiana, may have residency requirements for marriage. This means that at least one of the spouses must be a resident of the state or have lived in the state for a certain period before the marriage.
- Witnesses: Depending on the state's laws, there may be requirements for witnesses to be present during the marriage ceremony. These witnesses may need to sign the marriage certificate or provide other forms of attestation.
- Waiting Period: Certain states mandate a waiting period between the issuance of the marriage license and the ceremony. This waiting period can vary from a few days to several days or even months.
- Medical Tests: In some states, couples may be required to undergo specific medical tests or provide health certificates before getting married. This is often related to infectious diseases or genetic disorders.
- Marriage Registration: After the marriage ceremony, the signed marriage license, or a similar document, must be filed with the appropriate government office to officially register the marriage.
It is important to note that marriage laws can vary by state, and specific requirements may differ slightly. Therefore, it is always advisable to refer to the current laws and regulations of the state in which the marriage will take place.
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Frequently asked questions
No, Louisiana does not recognize common-law marriages formed within the state. However, it does recognize valid common-law marriages established in other states or regions where such unions are permitted.
Louisiana amended its Civil Code to remove common-law marriage as a recognized form of marriage in 1997.
Alternatives to common-law marriage in Louisiana include domestic partnerships and cohabitation agreements. These agreements can help define the terms of the relationship and legally protect each partner in the case of separation.
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