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Many believe that living together for several years creates a common law marriage. This misconception can lead to confusion and legal issues. If you live with a partner in Maryland, understanding your legal status is essential.
This post explains Maryland's stance on common law marriage, including whether the state recognizes such unions and the implications for couples who established a common law marriage elsewhere before moving to Maryland. Understanding these rules is key to protecting your rights to property, inheritance, and financial support.
What is a Common Law Marriage?
A common law marriage is a legally recognized marriage between two people that does not involve a formal ceremony or a marriage license. For a state to recognize a common law marriage, the couple typically must meet specific requirements. These usually include:
- Presenting themselves publicly as married, such as using the same last name, referring to each other as "my husband" or "my wife," or filing joint tax returns.
- Having a clear, mutual intent to be married.
- Living together as a married couple, often called cohabitation.
Only a few states still permit the formation of common law marriages. (Common Law Marriage, 2023) The specific requirements and the length of time needed to establish such a union can vary significantly from one state to another.
Does Maryland Recognize Common Law Marriage?
Maryland does not allow couples to form a common law marriage within the state.
Maryland law is clear on the requirements for a valid marriage. According to the Maryland Code, Family Law Article, § 2-401, a couple must obtain a marriage license and have the marriage solemnized by an authorized official to be legally married. (Common Law Marriage, n.d.) This means that no matter how long you live with your partner or how you present your relationship to others, you will not be considered married under common law if your relationship was established solely within Maryland.
This has important consequences for unmarried couples. Without a legal marriage, partners are not automatically entitled to the rights granted to married spouses, such as:
- Inheritance rights if one partner dies without a will.
- The ability to make medical decisions for an incapacitated partner.
- Eligibility for spousal Social Security benefits.
- The division of property or alimony if the relationship ends.
What if We Had a Common Law Marriage in Another State?
Although Maryland does not permit new common law marriages, it recognizes valid common law marriages established in other states. This follows the "Full Faith and Credit Clause" of the U.S. Constitution, which requires states to respect the "public acts, records, and judicial proceedings of every other state." (Common Law Marriage, n.d.)
If you and your partner met the legal requirements for a common law marriage in a state that recognizes it and then moved to Maryland, your marriage is valid in Maryland.
For example, if you lived in Colorado (a state that recognizes common law marriage) and met all of its criteria for being married by common law, Maryland will treat you as a legally married couple. You would have all the same rights and responsibilities as any other married couple in Maryland, including in matters of divorce, property division, and inheritance.
States that Recognize Common Law Marriage
As of 2024, the following states allow common law marriages:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
- The District of Columbia
Several other states previously allowed common law marriage and still recognize unions established before the practice was abolished. (Common Law Marriage: State Guide, n.d.)If you have a valid common law marriage from one of these states, it is wise to gather documentation that supports your claim. This could include joint bank account statements, joint tax returns, affidavits from friends and family, and any documents where you identified each other as spouses.
Protecting Your Rights as an Unmarried Couple in Maryland
Since you cannot form a common law marriage in Maryland, unmarried couples living together should take proactive steps to protect their legal rights. Without legal protections in place, you could face difficult situations if the relationship ends or one partner passes away.
Consider creating the following legal documents:
- Cohabitation Agreement: This is a contract between unmarried partners that outlines how assets, debts, and property will be divided if the relationship ends. It can also address financial support and other mutual responsibilities.
- Wills: Without a will, your property is distributed according to state law, and your partner may receive nothing. A will lets you designate your partner as a beneficiary.
- Power of Attorney: This document allows your partner to make financial and legal decisions on your behalf if you become unable to do so.
- Advance Healthcare Directive: This allows you to name your partner as your healthcare agent, authorizing them to make medical decisions if you are incapacitated.
These documents can offer many of the protections automatically granted to married couples.
Secure Your Future in Maryland
While Maryland does not recognize common law marriages formed within its borders, it respects those validly established elsewhere. For couples living together in Maryland who are not married, understanding the law is the first step toward protecting your rights. By creating legal agreements like a cohabitation agreement, wills, and powers of attorney, you can create a safety net for your future.
If you are unsure about your legal status or need help drafting these documents, consult an experienced family law attorney.