Requirements for a Common-Law Marriage

Many people believe that if you live with your significant other or even just a roommate for seven years, you may have entered into a common-law marriage.

The truth is that common-law marriages are not recognized by many states and that two parties cannot unknowingly enter into a common-law marriage. Read on to find out common-law marriage requirements.

COMMON-LAW MARRIAGE REQUIREMENTS

Common-law marriages don’t just occur when people live together for an extended period of time. Specific requirements must be met to have a valid common-law marriage.

1) Your State Must Recognize Common-Law Marriages

Only a handful of US states see common-law marriages as valid. This includesAlabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.

A few other states recognize common-law marriages, but only if the common-law marriage was entered into before a specific date. This includes:

• Georgia — Jan. 1, 1997
• Idaho — Jan. 1, 1996
• Ohio — Oct. 10, 1991
• Oklahoma — Nov. 1, 1998
• Pennsylvania — Jan. 1, 2005

In addition, all other states must recognize common-law marriages that were contracted in areas where common-law marriages are legal and valid.

2) You Must Live Together

It seems like the most obvious of the common-law marriage requirements, but cohabitation is an absolute necessity of the common-law marriage.

The amount of time spent living together required to qualify for a common-law marriage varies from state to state.

3) You Must Consent to Be Married

It is a popular misconception that live-in lovers or even just live-in friends can just find out one day that the government considers them a married couple. A marriage — even a common-law one — cannot be entered into without the competent consent of both parties.

4) You Must Have a Reputation as Husband and Wife

Many of the states that recognize a common-law marriage have requirements that the couple must already act as though they were married. This means filing joint tax returns, sharing a surname and referring to each other as husband and wife in public and private.

5) You Must Meet Other State Marriage Requirements

All common state marriage requirementsA must be met for a common-law marriage to be valid. The legal age to get married varies from state to state, but both parties must meet age requirements before their common-law marriage is recognized. This is usually not a problem, as people spend years living together before trying to get their common-law marriage validated.

Another common-law marriage requirement is that both parties must be single. A common-law marriage is not valid if one of the parties was legally married to somebody else when the common-law relationship began.

Though more and more states are making same-sex marriage legal, only a woman and a man can enter into a common-law marriage.

ARE THERE COMMON-LAW MARRIAGES IN OTHER COUNTRIES?

The common-law marriage actually originated in medieval England. Peasants and others living in remote areas often couldn’t travel to where a religious official or justice of the peace could officially marry them. Rules were instated to recognize rural cohabiting couples.

While many countries do not recognize common-law marriages, they are still valid in countries like Canada, England, Wales and Scotland. Australia and Israel also recognize variations of common-law marriages.

Common-law marriages truly aren’t that common. The requirements change frequently, as many governments view common-law marriage as an antiquated concept. Check your specific state or country’s requirements to see what kind of relationship qualifies as as common-law marriage.