Many people believe that if they’ve been with their partner long enough, the law will see them as married. But this is incorrect.
The Definition of a Common Law Marriage
A common law marriage is a couple who for all intents and purposes are married, without having gone through a ceremony. The couple must live together and be married in the eyes of all friends and family. There are a few other requirements that a couple must meet to be considered in a common law marriage.
The Requirements For Common Law Marriage
The couple must meet the following four requirements to be eligible for a common law marriage.
- They must live together
- They must legally have the capacity to marry and be eligible for marriage (be over the age of 18, have the mental capacity to marry, and not already be married)
- They must have the intention to marry
- They must appear married to family and friends (having a joint bank account, calling each other spouse/wife/husband, and have the same surname)
Am I In a Common Law Marriage?
The judge will determine if you are in a common law marriage or not by examining some of the following factors:
- If you live together
- If you use each other’s surnames
- If you have jointly owned property like cars and houses
- If you have joint bank accounts
- If you have children together
- If you refer to each other as spouse/husband/wife
- If you file joint tax returns
- If you share living expenses and household duties
What Is a Spouse Entitled to In a Common Law Marriage?
Unfortunately, very little. There is no legal protections or benefits to a common law marriage in terms of automatic inheritance if one of the spouses dies. A spouse in a common law marriage must have a will and be diligent in their estate planning.
Can I Kick My Common Law Spouse Out?
Yes, though if you jointly own the house, you may need to speak to an attorney first. Your attorney can also help you make a clean break and sort out any disputes over jointly owned property. In a marriage, you cannot kick your spouse out; both have the right to live in the marital home.
Which States Recognize Common Law Marriage?
- Colorado
- Rhode Island
- District of Columbia
- Texas
- Oklahoma
- Iowa
- Kansas
- Utah
- Montana
- New Hampshire
- South Carolina