Understanding Common Law Marriage: States, Rights & Insights

State Fully Recognizing Common Law Marriage

Common law marriage isn’t universally recognized. Among the states that do recognize it are:

1. Colorado:  Requires couples to live together openly and display a shared intent to be viewed as married.

2. Iowa: Aside from cohabitation, couples should publicly present themselves as married.

3. Kansas: Age and cohabitation are crucial; both parties must be 18 and live together, presenting themselves as spouses.

4. Montana: Like Colorado, it’s about intention and cohabitation.

5. New Hampshire: While cohabitation is necessary, public representation as a married couple is also vital.

6. South Carolina: Public perception and personal intent to be married are primary.

7. Texas: Couples should agree to be married, live as spouses, and be represented as such.

Benefits Of Common Law Marriage

Opting for a common-law marriage comes with a series of benefits:

» Community Property: Akin to formal marriage, couples enjoy legal rights like healthcare benefits, hospital visitation rights, the right to make emergency medical decisions, access to personal records, rights in property division upon separation, child custody rights, spousal support rights, inheritance rights, and tax deductions.

» Simplicity: Without the complexities of wedding preparations and paperwork, the process is streamlined.

Disadvantages Of Common Law Marriage

Along with the advantages of a common-law marriage, there are also some disadvantages:

» Proof Of Marriage: Unlike traditional marriages with a paper trail, common law marriages offer no inherent presumption of marriage, making rights uncertain.

» Lack Of Public Record: Since there’s no formal record, couples might find it challenging to prove their marital status.

» Divorce Complications: Before separation proceedings can even commence, couples need to prove they were, in essence, ‘married’.

» Risk Of No Legal Protection: If one partner denies the existence of the marriage, the other might be left vulnerable and without entitlements, especially if there is no shared intention to be married or if one partner dies without a will.

Conclusion

While common law marriages offer couples a way to be recognized as married without formal procedures, it’s not without its challenges. It’s crucial for couples considering this route to understand the implications fully, ensuring they’re protected legally and personally. Knowledge is power, and in matters of the heart and law, it’s always best to be prepared.