Cecily Zamora
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 does not require a wedding or formal marriage ceremony. While some US states recognize common-law marriages, Missouri is not one of them. Missouri state law specifically declares all common-law marriages to be null and void, and requires individuals wishing to marry to obtain a marriage license and have their marriage solemnized by an authorized official. This raises questions about the legal rights of cohabiting couples in Missouri, as the state law does not recognize distinct property rights or palimony cases for unmarried individuals. Understanding the legal implications of common-law marriage in Missouri is crucial for couples considering this path.
| Characteristics | Values |
|---|---|
| States that recognize common-law marriage | Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia |
| Utah, South Carolina, and New Hampshire have limited recognition | |
| States that do not recognize common-law marriage | Missouri, California, Massachusetts (which included Maine, 1652–1820) |
| Of the remaining 41 states, 13 never permitted and 28 no longer permit common-law marriages | |
| Common-law marriage definition | A form of irregular marriage where a couple takes up residency together, holds themselves out to the world as a married couple, and otherwise behaves as a married couple |
| Common-law marriage recognition | If a couple establishes a common-law marriage in a state that recognizes it, they may be considered legally married if they move to another state |
| Common-law marriage in Missouri | Missouri does not recognize common-law marriages, and state law declares all common-law marriages to be "null and void." |
| Common-law divorce | There is no common-law divorce. Couples with a common-law marriage must go through a valid legal separation or divorce process |
| Cohabitation in Missouri | Missouri law does not identify any specific cohabitation legal rights for couples. Rights available in marriages are not available to cohabiting couples, such as spousal rights of survivorship in financial accounts |
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What You'll Learn
Missouri law declares all common-law marriages null and void
Missouri law does not recognise common-law marriages. 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 does not involve a traditional, legal marriage ceremony. Instead, it is a type of legal relationship between couples in long-term, cohabitating relationships.
Some US states recognise common-law marriages, but Missouri is not one of them. Missouri law specifically declares all common-law marriages to be "null and void". This means that cohabitating couples in Missouri do not have the same rights as married couples. For example, they do not have any rights to each other's property, and they cannot claim the benefits of marriage without going through the formal marriage processes established by law.
Missouri does, however, recognise common-law marriages that were formed in other states before the couple moved to Missouri. The Full Faith and Credit Clause of the US Constitution requires states to recognise validly formed common-law marriages from states where they are legal. So, if a couple established a common-law marriage in a state that recognises it and then moved to Missouri, they would be considered legally married in Missouri.
It is important to note that there is generally no such thing as a common-law divorce. If a couple is considered married under common law, they would need to go through a formal divorce or separation process to end their marriage. Additionally, Missouri requires anyone wanting to get married to obtain a marriage license and have their marriage solemnized by an authorized person, such as a judge or clergyman.
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Missouri does not recognise palimony cases
In Missouri, there is no distinction between marital property and separate property because there is no marriage. Instead, there is property that might be jointly owned by both individuals or property that one individual owns and shares with the other. Missouri law does not recognise any distinct property rights between unmarried individuals.
Missouri also does not recognise common-law marriages, declaring them "null and void". Common-law marriages are where couples claim the benefits of marriage without going through the formal processes established by law. Typically, to enter into a common-law marriage, a couple must agree to enter into one, live together for a minimum period as spouses, and be recognised in a state that allows common-law marriages.
Cohabitation agreements are useful for defining the expectations and obligations of those in a relationship and providing protection in jurisdictions. These agreements are becoming more common to compensate for the lack of government-granted rights and benefits for unmarried couples.
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Common-law marriage is only valid in a handful of US 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 does not involve a traditional, legal marriage ceremony. Instead, it allows couples to be considered married for legal purposes, under certain conditions, such as living together for a minimum period of time and presenting themselves as a married couple.
However, common-law marriage is not recognized in all US states. In Missouri, for example, common-law marriage is not available to couples residing within the state. Missouri law specifically declares all common-law marriages to be "null and void," and there are no specific cohabitation legal rights for couples. While Missouri does not recognize common-law marriages between couples living in the state, it will recognize a common-law marriage that was formed in a state that allows it before the couple moved to Missouri. This recognition is based on the Full Faith and Credit Clause of the US Constitution, which requires states to honor the laws of other states.
As of 2022, common-law marriages are still recognized in a handful of states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah also recognizes common-law marriages, but only if they have been validated in a judicial proceeding. Additionally, two other states recognize domestic common-law marriage after the fact for limited purposes. On the other hand, 13 states have never permitted common-law marriage, and 28 states have abolished it.
The recognition of common-law marriage has been declining over time, with more states moving away from it. This trend is reflected in Missouri's stance on the issue, where cohabiting couples have limited rights and must take additional steps, such as drafting a cohabitation agreement, to protect their interests.
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Missouri will recognise common-law marriages from other states
Missouri does not recognize common-law marriages between couples living in the state, regardless of how long they have cohabited or how they present themselves in public. State law in Missouri specifically declares all common-law marriages to be "null and void".
However, Missouri will recognize a common-law marriage that was formed in a common-law marriage state before the couple moved to Missouri. The Full Faith and Credit Clause of the U.S. Constitution requires states to give full faith and credit to the laws of other states, which is why all states recognize validly formed common-law marriages from states where they are legal. For example, if a couple established common-law marriage in Kansas and then moved to Missouri, they would be considered married in Missouri.
It is important to note that there is generally no such thing as common-law divorce, even in common-law marriage states. If a couple is considered married, including at common law, they would need to go through a formal divorce or separation process to end their marriage. In Missouri, this generally requires being a resident of the state for at least 90 days before filing for divorce.
In the United States, common-law marriage is a form of irregular marriage that survives only in a handful of states and the District of Columbia, along with some provisions of military law. The term common-law marriage is often used colloquially to refer to cohabiting couples, regardless of their legal rights. The origins of common-law marriage are uncertain, but it is argued to be the original form of marriage, where a couple took up residency together, presented themselves as a married couple, and otherwise behaved as a married couple.
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Common-law marriages can be validated by a court of law
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 does not involve a traditional, legal marriage. Common-law marriage is only valid in a handful of states, and Missouri is not one of them. Missouri law specifically declares all common-law marriages to be "null and void".
However, Missouri will recognize a common-law marriage that was formed in a common-law marriage state before the couple moved to Missouri. This is because the Full Faith and Credit Clause of the U.S. Constitution requires states to recognize validly formed common-law marriages from states where they are legal. For example, if a couple established common-law marriage in Kansas and then moved to Missouri, they would be considered married in Missouri. However, if a couple did not meet the terms of common-law marriage before moving to Missouri, they would generally not be considered married in the state.
It is important to note that there is no common-law divorce, even in common-law marriage states. If a couple established themselves as married under common law in a state that recognizes common-law marriage, they would need to go through a valid legal separation or divorce. In Missouri, this generally requires being a resident of the state for at least 90 days prior to filing for divorce and stating the grounds for divorce.
While Missouri does not recognize common-law marriages formed within the state, it is worth mentioning that common-law marriages can be validated by a court of law. In the case of Utah, common-law marriages must be validated in a judicial proceeding. A common-law marriage may be validated by a court of law up to one year after the alleged marriage has been terminated. This highlights that while Missouri does not recognize common-law marriages established within its borders, there are legal avenues for validation in specific circumstances.
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Frequently asked questions
Missouri state law specifically declares all common-law marriages to be "null and void". Common-law marriages are only recognized in a handful of U.S. states, and Missouri is not one of them.
Common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage. It is a way for couples to be considered formally married without a wedding or civil/religious ceremony.
Yes, if a couple has a common-law marriage recognized in another state, Missouri will recognize it as a valid marriage.
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