When people think of common law marriage, they might picture an old movie where a couple simply decides they are married. In reality, common-law marriage in the United States is much more complex and often misunderstood. Many wonder if living together and acting like a married couple is enough to be legally married.
If you live in Kentucky, you may be wondering about this. This article explains Kentucky’s position on common law marriage, what it means, whether the state recognises it, and what happens if you move here from a state that does. Knowing these laws helps protect your rights to property, inheritance, and benefits.
What Is a Common Law Marriage?
First, let’s define what a common law marriage actually is. A common law marriage is a legally recognised marriage between two people who have not purchased a marriage license or had a formal ceremony. Instead of a formal process, the couple is considered married because they have met specific requirements set by the state where they live.
Generally, for a state to recognise a common law marriage, a couple must:
- Present themselves to others as married, often called "holding out" as married. For example, they might use the same last name, refer to each other as "my husband" or "my wife," and file joint tax returns.
- Intend to be married. Both people must clearly want to be a married couple.
- Live together as a married couple. This involves cohabitating and sharing a life, similar to any other married couple.
Only a few states still permit couples to form new common-law marriages. These are the states of Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. (Common Law Marriage: State Guide, 2023)
Kentucky's Position on Common Law Marriage
Does Kentucky recognise common law marriage? The answer is simple: No, you cannot create a common law marriage in Kentucky.
Kentucky law explicitly requires a formal marriage process for a union to be legally recognised. According to Kentucky Revised Statutes Chapter 402, a valid marriage requires a marriage license issued by a county clerk and a solemnization ceremony performed by an authorised individual, such as a judge, minister, or priest. (Who may solemnise marriage; persons present, 2024)
This means that no matter how long you live with your partner in Kentucky, share money, or call each other spouses, the state will not see you as legally married unless you complete the formal process. Without a marriage license and ceremony, you do not get the legal rights and protections of married couples, like inheritance rights, spousal benefits, or filing joint tax returns.
What If You Move to Kentucky from a Common Law State?
Here is where the law changes. While Kentucky does not permit couples to create a common-law marriage within the state, it does recognise valid common-law marriages from other states.
This rule comes from the "Full Faith and Credit Clause" of the U.S. Constitution (Article IV, Section 1). This clause says states must respect the "public acts, records, and judicial proceedings of every other state." (Article IV. CONSTITUTION OF THE UNITED STATES OF AMERICA, n.d.) So, if you had a legally recognised common law marriage in a state like Colorado or Texas, Kentucky will accept your marriage as valid if you move here.
To have your common-law marriage recognised in Kentucky, you must prove that you met all the legal requirements in the state where it began. You may need to show evidence like:
- Affidavits from friends and family who can say you presented yourselves as married.
- Documents that list you as a spouses, such as tax returns, loan applications, or insurance policies.
- Proof of shared property. Proof that you share property or bank accounts. If your marriage was legally established elsewhere, you will be entitled to the same rights and responsibilities as any other married couple in Kentucky. This includes rights related to divorce proceedings, property division, alimony, and inheritance.
Plan Your Future with Confidence
It is crucial for any couple living together in Kentucky to understand the state’s laws regarding marriage. While common law marriage may sound simple, it is not a valid way to be legally married in Kentucky. To get the legal rights and protections of marriage, you need a marriage license and a formal ceremony.
If you are in a committed relationship and want to protect your future, the only way to do so in Kentucky is to make your union official. If you have a valid common law marriage from another state, you can be sure Kentucky will recognise it if you can prove it.
Marriage and family law can be complicated. Suppose you have questions about your marital status or need help with family law. In that case, it is best to consult with a qualified attorney who can provide tailored advice for your specific situation.