Cameron Miranda
Michigan abolished common-law marriages in 1957. While the state no longer recognizes common-law marriages, it will respect a common-law marriage that occurred in another jurisdiction. Couples who have established a common-law marriage in another state and move to Michigan will be treated as a married couple and will have the same rights and responsibilities as other married couples. However, such couples must prepare a durable power of attorney and a medical power of attorney.
| Characteristics | Values |
|---|---|
| Year common law marriages ended in Michigan | 1957 |
| Circumstances under which Michigan recognizes common law marriages | If the marriage is recognized in an out-of-state jurisdiction |
| Number of states that recognize common law marriages | 7, in addition to the District of Columbia |
| Number of states that have never recognized common law marriages | 13 |
| Number of states that once recognized but no longer recognize common law marriages | 28 |
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What You'll Learn
- Common law marriages in Michigan were abolished in 1957
- Common law marriages are still valid in some states
- Common law marriages that occurred in another jurisdiction are respected in Michigan
- Common law marriages are not recognised as domestic partnerships
- Common law marriages are legal marriages for federal income tax purposes
Common law marriages in Michigan were abolished in 1957
Prior to 1957, common-law marriages were recognized in Michigan. Couples who had established a common-law marriage before 1957 would still be considered valid and legal in the state. However, after the change in law, a couple wishing to marry in Michigan must obtain a marriage license and have some form of wedding ceremony. This ceremony must then be authorized by a judge, a mayor, a court clerk, or a minister.
While Michigan no longer recognizes common-law marriages within the state, it does recognize common-law marriages that were established in other states. If a couple has a valid common-law marriage in another state and then moves to Michigan, they will be treated as a legally married couple in Michigan. However, to be recognized as such, they must meet certain requirements. These include the fact that the state from which the couple moved must recognize common-law marriage, and that the couple must meet the legal requirements for common-law marriage within that state.
It is important to note that common-law marriages are distinct from domestic partnerships, conjugal unions, civil unions, or cohabitation arrangements. In states where they are recognized, common-law marriages are considered legal marriages, and thus carry the same rights and responsibilities as any other marriage. As of 2022, only seven states and the District of Columbia permit common-law marriages.
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Common law marriages are still valid in some states
Common law marriages are not recognized in all 50 states. In 1957, Michigan abolished common-law marriages, and any domestic partnership after 1957 would need to obtain a marriage license and have a wedding ceremony to be considered married. However, common-law marriages that existed before 1957 are still considered valid and legal in Michigan.
While some states have stopped recognizing common-law marriages, a few states still do, and some states recognize them if the relationship began before a certain date. Common law marriages are fully recognized in seven states, including the District of Columbia. These states are:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
Some other states recognize common law marriages to varying degrees. For example, Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania recognize common law marriages that were created before a certain date. Additionally, under the Full Faith and Credit Clause of the U.S. Constitution, all states must recognize common law marriages that were legally established in other states. This means that if a couple is legally married under common law in one state and then moves to a state that does not recognize common law marriage, their marriage will still be recognized in the new state.
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Common law marriages that occurred in another jurisdiction are respected in Michigan
Common-law marriages are not recognized in Michigan. However, if a couple has established a common-law marriage in another state and then moves to Michigan, Michigan law considers them legally married. These couples have the same rights and responsibilities as married couples in Michigan, but they must take two additional steps: preparing a durable power of attorney and a medical power of attorney. By preparing and signing these two legal documents, the State of Michigan will recognize them as a legally married couple.
In 1957, Michigan abolished common-law marriage through newly written statutes. After 1957, no domestic partnership could be recognized as a common-law marriage in Michigan. Any common-law marriages created before 1957 are still considered valid and legal in the state.
A Michigan court may consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws. This consideration includes factors such as the couple actually cohabiting in a jurisdiction that recognizes common-law marriage and that state having established clear common-law marriage requirements.
Common-law marriages are considered legal marriages for federal income tax purposes if recognized by the state where the couple resides. Even if a couple later moves to Michigan, which does not recognize common-law marriages, they are still considered legally married for federal tax filing purposes.
It is important to note that there is a widespread misconception that couples are married under common law if they live together for a certain period of time. However, this is not true in any of the fifty states.
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Common law marriages are not recognised as domestic partnerships
However, any common-law marriages created before 1957 would still be considered valid and legal in Michigan. Additionally, Michigan will recognise common-law marriages that are valid in other states that recognise such unions. For instance, if a couple has established a common-law marriage in another state and then moves to Michigan, they will be considered legally married in Michigan. However, they must take two additional steps: preparing a durable power of attorney and a medical power of attorney.
It is important to note that a common-law marriage is not the same as a domestic partnership, conjugal union, civil union, or cohabitation arrangement. Common-law marriage is a term for a marriage that exists by agreement, cohabitation, and by behaving and speaking as though the couple were married. Simply living together is not sufficient to establish a common-law marriage.
While Michigan does not generally recognise common-law marriages, there may be exceptions for couples who have lived together with the agreement that they are married since December 31, 1956. It is always advisable to seek legal advice for specific circumstances.
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Common law marriages are legal marriages for federal income tax purposes
In the United States, common-law marriages are only recognised in a minority of states and the District of Columbia. In the jurisdictions where they are recognised, common-law marriages are considered legal marriages.
In Michigan, common-law marriages are not recognised unless they were established in another state before the couple moved to Michigan. In this case, the couple is considered legally married and has the same rights as other married couples, including for federal income tax purposes. However, they must also prepare a durable power of attorney and a medical power of attorney.
For federal income tax purposes, a marriage is generally recognised if it is considered valid under state law. This means that if a couple's common-law marriage is recognised by the state in which they reside, their marriage will be recognised for federal income tax purposes, even if they later move to a state that does not recognise common-law marriages.
It is important to note that the recognition of common-law marriages for tax purposes is separate from divorce proceedings. In the case of a divorce, legal separation, or annulment, a couple must be advised and represented by a family law attorney, regardless of whether their marriage is a common-law marriage or a typical marriage.
Additionally, it is worth mentioning that the Defense of Marriage Act enacted by Congress in 1996 defines "marriage" for federal tax purposes as a legal union between one man and one woman, excluding same-sex spouses from being considered married in states that permit same-sex marriages.
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Frequently asked questions
Common-law marriages were abolished in Michigan by statute in 1957.
After 1957, no domestic partnership would be recognized as a common-law marriage in Michigan.
Couples need to obtain a marriage license and have some form of wedding ceremony.
Yes, Michigan will recognize common-law marriages that occurred in another jurisdiction.
