Common law marriage is recognized in some US states and other countries, allowing unmarried couples to have the same legal rights as married couples if they meet certain criteria. Nine US states and Washington, DC recognize common law marriage with various requirements, while six other states recognize restricted common law marriages. The rights granted to common law spouses vary by state and may include inheritance, property division, and alimony.
A common law marriage is one in which a couple is considered legally married without obtaining a traditional government-issued license or participating in a customary wedding ceremony. Common law marriages in the United States are only allowed in some states. In a common law state, the laws and rights of married couples are extended to unmarried couples if they meet certain criteria set forth by that particular state. In states that do not recognize common law marriage, there are provisions to recognize such unions if a couple moves.
Common law marriage is not recognized in all 50 US states. If a couple is granted a common law marriage in a state that recognizes such unions, however, all states will recognize the union in the event that the couple moves. Provisions for common law marriages vary from state to state, as do the rights granted by such unions. Some other countries also recognize common law marriages. These include Australia, Canada, Israel and the UK. Terms and definitions vary by country.
Nine US states, plus Washington, DC recognize common law marriage with various requirements. These states include Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island and South Carolina. Washington DC also falls into this category. The conditions for legal common law marriage in these states primarily concern the intent of the two parties, the length of cohabitation, and the public declaration and perception of the union. In some cases, other requirements relating to mental competence may apply. Couples interested in learning more about common law marriage in their particular state can contact state government representatives for specific details.
Six other states recognize restricted common law marriages. New Hampshire recognizes such posthumous unions; the union becomes marriage only when one of the spouses dies. This allows the surviving member the same inheritance benefits as a traditional spouse. In Georgia, Idaho, Ohio, Oklahoma and Pennsylvania, common law marriages are usually recognized if they were established before a certain date. These dates range from October 10, 1991, in Ohio to January 1, 2005, in Pennsylvania.
The rights of common law spouses also vary by state. The rights granted are normally the same or very similar to those of legally married couples. Benefits in a common law state may include inheritance of real estate and property upon the death of a spouse, equitable division of property if the union ceases, and the right to alimony.
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