Common Law Marriage State: Understanding the Law

Table of Contents

Common law marriage is a type of marriage that does not require a formal marriage license or ceremony. Instead, it is a union that is recognized by the state based on the couple's actions and behavior. Common law marriage is recognized in some states in the United States, and it is important to understand the laws and regulations surrounding it.

What is Common Law Marriage?

Common law marriage is a type of marriage that is recognized by the state based on the couple's behavior and actions. In other words, if a couple lives together and presents themselves as married, the state may recognize them as legally married, even if they never had a formal wedding or obtained a marriage license.

How Does Common Law Marriage Work?

Common law marriage works differently in each state that recognizes it. In general, however, there are certain requirements that must be met for a couple to be recognized as common law married:

• The couple must live together for a certain period of time (usually several years).
• The couple must hold themselves out to the public as married (for example, by referring to each other as husband and wife, or filing joint tax returns).
• The couple must have the intent to be married.

Which States Recognize Common Law Marriage?

Only a few states in the United States recognize common law marriage. These states include:

• Alabama
• Colorado
• Georgia (if created before January 1, 1997)
• Idaho (if created before January 1, 1996)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Oklahoma
• Pennsylvania (if created before January 1, 2005)
• South Carolina
• Texas
• Utah

Advantages and Disadvantages of Common Law Marriage

There are both advantages and disadvantages to common law marriage. Some of the advantages include:

• No need for a formal wedding or marriage license.
• Legal recognition of the relationship, including property rights and inheritance rights.
• Ability to file joint tax returns and receive benefits as a married couple.

However, there are also some disadvantages to common law marriage:

• Difficulty in proving the existence of the marriage, particularly if one spouse contests it.
• Difficulty in dissolving the marriage, particularly if one spouse contests it.
• May not be recognized in all states or by all institutions (such as insurance companies or employers).

FAQs

1. What happens if one spouse contests the existence of the common law marriage?

If one spouse contests the existence of the common law marriage, it can be difficult to prove. The burden of proof is on the party claiming that the marriage exists, and they may need to provide evidence such as joint bank accounts, joint property ownership, or witness statements to demonstrate that they held themselves out to the public as married.

2. Can a common law marriage be dissolved?

Yes, a common law marriage can be dissolved just like a formal marriage. The process is the same as for a formal divorce, and the couple will need to divide their property and assets.

3. Can a common law marriage be recognized if the couple has lived together for less than the required time period?

No, a couple must live together for the required time period in order to be recognized as common law married. There are no exceptions to this rule.

4. Can a common law married couple file joint tax returns?

Yes, a common law married couple can file joint tax returns just like a formal married couple. However, they must meet the requirements for common law marriage in their state.

Conclusion

Common law marriage is a type of marriage that is recognized by some states in the United States. It is important to understand the laws and regulations surrounding common law marriage if you plan to enter into this type of union. While there are both advantages and disadvantages to common law marriage, it can be a viable option for some couples who wish to avoid a formal wedding or marriage license.