What is Common Law Marriage?
Common law marriage is a type of marriage in which a couple lives together and presents themselves as a married couple without the formalities of a legal marriage ceremony. This means that the couple has not obtained a marriage license or participated in a formal wedding ceremony, but they act as if they are married in all other aspects of life.
Requirements for Common Law Marriage
- Living together for a significant period of time
- Possessing the intent to be married
- Possessing the capacity to be married
In most states, common law marriage is recognized if the couple has been living together for a certain period of time and holds themselves out to others as a married couple. The requirements for common law marriage vary by state, so it is important to know the laws in your jurisdiction.
Common Law Marriage Examples
For example, John and Jane have been living together for 10 years and have referred to each other as husband and wife to their family and friends. They have joint bank accounts, own property together, and file taxes as a married couple. In the eyes of the law, they may be considered in a common law marriage.
Case Studies
One famous case involving common law marriage is the case of Marvin v. Marvin in California. Actor Lee Marvin and his partner Michelle Triola had lived together for many years, and when they split, Triola filed a lawsuit claiming that she was entitled to property and support as if they were married. The court recognized the concept of a ‘palimony’ claim, which allowed for support in non-marital relationships.
Statistics on Common Law Marriage
According to the U.S. Census Bureau, there were over 500,000 common law marriages in the United States in 2019. This number has been steadily increasing over the past decade as more couples choose to cohabit without formalizing their relationship through marriage.
