Common law marriage is not recognized in most states. And where it does exist, there is no simple test to see if a couple qualifies as married under common law.
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by Mary S. Yamin-Garone
Writing, editing and proofreading professional with over 36 years of experience with individuals, business and govern...
Updated on: July 15, 2024 · 4 min read
Most people are fuzzy on the specifics of common law marriage. So let's start by putting one of the most common misconceptions to rest. If two people live together for seven years (or any other number of years), they aren't automatically common law spouses.
Common law marriage dates back to medieval England. It came about due to transportation difficulties and limitations. Clerics and justices who officiated at marriages were not always able to travel to couples in rural locations. In such cases, the couple could establish a marriage by "common law."
Today, common law marriage isn't a result of geographic isolation, which might explain why it's been abolished in so many states. Now, it results from a couple's actions. A common law couple never obtains a marriage license or fulfills the state's statutory marriage laws. Typically, this means the couple has cohabitated for a period of time—usually a year or more—while having an agreement to be married. Also, they must present themselves to the larger world as husband and wife.
Common law marriage is not recognized in most states today. So regardless of how many years you live together, you don't have to worry about a common law marriage.
States that do recognize common law marriage include the following:
If you want your relationship with your partner to be officially recognized, take the necessary steps to give legal effect to the relationship. In states that recognize common law marriage, once the requirements have been met, the marriage is typically treated like any other marriage.
Couples who do marry under common law are likely to have their marriage recognized in states where common law is off the books. The "full faith and credit" rule of the U.S. Constitution ordinarily compels sister states to recognize a marriage made valid under another state's laws.
Rights to protecting a family residence and dividing family assets are only granted to legally married couples.
Despite what you may have heard, the following statements are false.
There is no simple test to see if a couple qualifies as married under common law. Unfortunately, this question of married or not most often arises in court.
Since the seven-years-to-automatic-marriage idea is only a myth, the court's determination of whether a common law marriage existed can be complicated. Some legal experts recommend that couples write, sign and date a simple statement saying they do or do not intend to be married. While common law marriage skirts legalities like a marriage license, this simple statement can prevent future burdens and offer protection should the need arise.
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