Many people think that living with a partner for several years automatically makes them common-law married. This belief is widespread but often causes confusion about legal rights and responsibilities. What is actually true in Michigan?
This post aims to clear up common misunderstandings about common-law marriage in Michigan. We'll look at the state's legal history, what the rules mean for couples who formed a common-law marriage before the law changed, and what is required for a legal marriage now. Knowing these differences is essential for anyone dealing with partnership, property, or inheritance issues in Michigan.
What is a common law marriage?
Before examining Michigan's specific laws, it's helpful to understand what a common-law marriage actually is. A common-law marriage is a legally recognised union between two people who have not obtained a marriage licence or held a formal ceremony.
Only a handful of states still permit the formation of new common law marriages. For a relationship to be recognised as such in those states, the couple generally must meet a few key requirements:
- They must present themselves to others as a married couple.
- They must intend to be married.
- They must live together.
The ways couples show they are married can differ, but often include using the same last name, filing joint tax returns, and calling each other "my husband" or "my wife" in public. Living together is not enough; both how you act in public and your intention to be married matter.
Michigan's stance on common law marriage
So, is common law marriage legal in Michigan? The answer is no. Michigan abolished common-law marriage on January 1, 1957. Couples who began living together in Michigan after that date cannot have a legally recognised common law marriage here.
To be legally married in Michigan now, couples need to get a marriage license and have a ceremony performed by someone authorised to perform weddings, such as a judge or minister.
The exception: "Grandfathered" common law marriages
Although you can't form a new common law marriage in Michigan, the state still recognises those created before January 1, 1957. If a couple met all the rules for common law marriage before then, their marriage is still valid.
For a pre-1957 union to be recognised, the couple would need to prove they:
- Agreed to be married.
- Lived together as a married couple.
- Presented themselves to the public as husband and wife.
Couples in this situation have all the legal rights, and Couples with a valid pre-1957 common law marriage have the same legal rights as those who had a formal wedding, including rights to inheritance, property, and spousal support. Proving this kind of marriage can be hard and may need old documents, photos, or witnesses.r states?
Things get more complicated if a couple moves to Michigan from a state that does not recognise common law marriage. Under the Full Faith and Credit Clause of the U.S. Constitution, states usually have to recognise each other's public records and legal decisions.
So, if a couple has a valid common-law marriage in a state like Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, or Washington, D.C., Michigan will recognise their marriage.
For example, if a couple lives together in Texas, plans to be married, and acts like a married couple there, they are legally married. If they move to Michigan, their marriage is still valid. They do not need a new marriage license or ceremony. They can file taxes together, make medical decisions for each other, and inherit property like any married couple.
Why is understanding this important?
Knowing the difference between just living together and being legally married is very important, especially during big life changes like a breakup or the death of a partner.
- Property and Debt: If you are not legally married, you do not automatically get a share of your partner's property or assets if you break up. You are also usually not responsible for their debts. Who owns what depends on whose name is on the title or account, not how long you have been together.
- Inheritance: If one partner dies without a will, the surviving partner in an unmarried couple does not have automatic inheritance rights in Michigan. The assets usually go to the deceased person's children, parents, or other family members.
- Healthcare Decisions: A legal spouse can make medical decisions for their partner if needed. An unmarried partner does not have this right unless a legal document names them as a patient advocate.
Unmarried couples in long-term relationships should establish legal protections in other ways, such as cohabitation agreements, wills, trusts, or powers of attorney. Gan has not permitted the formation of new common-law marriages for over 65 years. Unless your relationship began before 1957 or you established a common law marriage in another state that allows it, your relationship is not a legally recognised marriage in Michigan.
If you are in a long-term relationship, do not count on common law marriage to protect your rights. To make sure you and your partner are covered, consider getting married or entering legal agreements about property, finances, and healthcare. Talking to a family law attorney can help you understand your options and set up the proper protections for your future.