Common law marriage is a unique form of legal relationship that exists in only a few states, such as Iowa, Kansas, Montana, Rhode Island, and the District of Columbia. Unlike a traditional marriage, a common law marriage does not require a marriage license or a formal ceremony.
Instead, it is based on the couple’s present intent to be married and their actions in presenting themselves as a married couple within their community. This means that the couple must agree to be married and act in ways that demonstrate their commitment, such as filing joint tax returns, sharing property, or making public declarations about their relationship.
When a common law marriage is recognized, the couple is granted many of the same rights and responsibilities as a legally married couple, including property ownership, inheritance rights, and decision-making authority in medical situations. Because only a few states recognize common law marriage, it’s important for couples to understand the specific requirements and legal implications in their state before assuming they are considered married under the law.
States that Recognize Common Law Marriage
At the present time, only nine states and the District of Columbia recognize common law marriages. These states include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, and Texas. Each of these states has its own laws and requirements for establishing a valid common law marriage, such as a certain period of cohabitation or clear public acknowledgment of the marital relationship.
For example, some states may require couples to live together for a specific period, while others focus on whether the couple has held themselves out as married to their community. Pennsylvania law does not recognize common law marriages created after January 1, 2005, but will still recognize valid common law marriages that were established before that date. Because the rules can vary so much from state to state, it’s crucial for couples to be aware of the laws in their state and to understand what is required to be considered legally married under common law.
Popular Myths Surrounding Common Law Marriage in Pennsylvania
You are considered married in PA if you lived with someone for at least 7 years, right?
No. Actually, common law marriage was abolished in PA as of January 1, 2005. However, common law marriage existed in Pennsylvania prior to that date and is still recognized if established before then. Anyone who entered into a valid common law marriage prior to that time will still be considered married. However, the rules for establishing a valid common law marriage are often misunderstood.
In PA, in order to be considered common law married, a couple has to establish that prior to 2005 they exchanged words in the present tense consenting to enter into a marriage. This means that they uttered words intending to be married, orally exchanging vows. Proving the existence of a common law marriage requires evidence of the parties’ present intent and conduct.
Often this issue is argued in divorce court where one party is alleging the couple was validly common law married and the other is claiming there was no marriage. In such legal proceedings, a party may claim a common law marriage, and proving such a claim involves demonstrating the existence of the marriage through evidence. Issues such as child custody may also arise in disputes involving the existence of a common law marriage. This could be significant in whether someone receives a portion of the other’s assets and/or alimony. It may also come up when a partner dies and the other is claiming rights to the estate.
There are many popular misconceptions surrounding common law marriage in PA. If you or someone you know is under the impression they are in a common law marriage, they should seek legal advice in order to protect themselves and their assets. The parties involved must provide evidence when proving the existence of a common law marriage in court.
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The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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Next Steps for Couples in Pennsylvania
In summary, common law marriage remains a complex area of law, especially in Pennsylvania, where new common law marriages are no longer recognized. However, valid common law marriages created prior to January 1, 2005, are still recognized under Pennsylvania law. If you believe you may be in a common law marriage, it is important to consult with a knowledgeable family law attorney to clarify your legal rights and obligations. Understanding the laws that apply to your specific situation can help you protect your relationship and your assets. Couples should also be aware of the credit clause, which requires Pennsylvania to recognize valid common law marriages from other states, even if the marriage was not created in Pennsylvania. Taking proactive steps, such as making public declarations, drafting legal agreements, and seeking legal advice, can help ensure that your relationship is protected and that you receive the same rights as a legally married couple. If you have questions about your marital status or need guidance on how to proceed, reach out to a qualified attorney for assistance.
