Common Law Marriage Explained

If you're currently in a long-term, committed relationship and want to know the legal implications of getting married, read this article and find out.

What is a Common Law Marriage?

A common law marriage is a marriage that is not officiated by a religious or civil authority but rather by the mutual agreement of the two parties. This type of marriage is not recognized in all states, so it is essential to check the laws of your state before entering into a common law marriage.

It is recognized in about 15 states, and the relationship lasts until the court rules to dissolve the union. Common law marriages are not recognized in all states, so their validity does not have full faith and credit. However, if both parties agree, a common law marriage is usually a legally binding relationship.

A common law marriage is a marriage that is not officiated by a religious or civil authority but is instead based on the mutual agreement of the two people involved. While common law marriages are not recognized in all states, having one still has many benefits. Here are some of the benefits of a common law marriage:

  1. You don't have to go through the hassle or expense of getting a marriage license.
  2. You can avoid the often lengthy and expensive divorce process if you decide to end your relationship.
  3. You may be able to claim certain benefits that are available to married couples, such as spousal Social Security benefits.

If you are considering entering a common law marriage, check with your state's laws to see if it is recognized. Even if it isn't, there are still many benefits to this type of relationship. 
The Dangers of a Common Law Marriage

There are many dangers associated with common law marriage, especially for women. First and foremost, a woman in a common law marriage has very little legal protection if her husband decides to leave her. He can walk away without any financial responsibility for her or the children. Secondly, a woman in a common law marriage has no legal claim to her husband's property or assets, even if she helped him acquire them during the marriage.

Finally, because the government does not recognize common law marriages, a woman in a common law marriage is not entitled to any of the same government benefits that a legally married woman would be entitled to (such as Social Security or survivor's benefits). In short, a woman in a common law marriage is at a significant disadvantage legally and financially if her husband decides to end the relationship.

How to Get the Same Rights as Married People with a Common Law Marriage

If you want the same rights as a married person, you can enter a common law marriage. This type of marriage is not recognized in all states, but it does offer some legal protections.

A common law marriage is when a couple lives together for a certain period and holds themselves out as husband and wife. There is no official ceremony or license required. The couple needs to agree to be married and cohabitate.

The time required to establish a common law marriage varies by state, but it is usually around seven years. Some states have shorter or longer periods.

Once you have a common law marriage, you have the same rights and responsibilities as any other married couple in that state. This includes the right to file taxes jointly, share health insurance benefits, and inherit from each other
Common law marriages can be dissolved in the same way as traditional marriages, through divorce or death. However, dissolving a common law marriage can be more complicated because there is no official marriage record. It is essential to consult with an attorney in your state to determine the best way to proceed.

Property Rights and Insurance

There are a few things to consider regarding property rights and insurance if you're in a common law marriage. First, if you own property together, you'll need to determine how it will be titled. Second, you'll need to decide how you'll handle insurance - will you each get your policy, or will you have a joint policy? Third, if you have children together, you'll need to ensure they're correctly taken care of in the event of your death.

These are just a few things to consider regarding property rights and insurance in a common law marriage. Make sure to consult with an attorney or financial advisor to get the best advice for your situation.
Common Law Marriage Requirements

There are some common law marriage requirements for the marriage to be recognized by the state you live in. Generally, you must live together as if you are married, present yourself as married, have joint bank accounts, and file joint tax returns. Depending on the state you live in, the other requirements may vary. If these requirements are met, you can generally claim the marriage as common law. However, to qualify as a common law married couple, you must first have sexual intercourse.

The National Conference of State Legislatures recognizes common law marriages, but you must meet specific requirements. Typically, both partners must be of legal age, be in good health, and intend to marry before the marriage is recognized. Additionally, they should open a joint bank account and use the same last name. Listed below are the common law marriage requirements. These can be found in almost every state.

The South Carolina Supreme Court has rejected common law marriages. The court stated in Stone v. Thompson that couples must be at least 16 years of age, have no prior marriages, and have lived together for at least six months. The couple must also agree that they will treat one another as a spouse. Whether the couple has lived together for years or months, common law marriage requirements differ significantly from state to state. While common law marriages are often valid in some instances, it can be challenging to prove that you are married in every state.

Social Security Benefits

In a common law marriage, you and your spouse are entitled to the same Social Security benefits as any other married couple. This includes both retirement and disability benefits. You'll need to provide proof of your relationship to the Social Security Administration, such as joint tax returns or a lease in both of your names.

Advantages and Disadvantages

"Common law marriage" is a term used to describe a relationship between two people who live together as a married couple without actually being married. While there are some advantages to this arrangement, there are also some disadvantages that you should be aware of before entering into a common law marriage

Advantages:

  1. You and your partner will have many of the same rights as a legally married couple, including the right to file taxes jointly and inherit from each other.
  2. You may be eligible for health insurance and other benefits through your partner's employer.
  3. You can avoid the hassle and expense of a traditional wedding ceremony.

Disadvantages:

  1. Common law marriages are not recognized in all states, so you may not have the same legal protections as a married couple in some areas.
  2. It can be challenging to prove that you are in a common law marriage if you ever need to go to court for any reason.
  3. You may have trouble getting divorced if you decide to end your relationship since there is no legal marriage record.

Conclusion

Although common law marriage is not as prevalent as it once was, it is still an option for couples who want to get married without going through a formal ceremony. If you are considering common law marriage, be sure to do your research and consult with a lawyer to ensure that it is right for you and will be recognized in your state.
Common Law Marriage