Maryland Common Law Marriage

What Is Common-Law Marriage?

Common-law marriage is a civil union between two people. Couples in a common-law marriage live together and hold themselves out to the public as "husband and wife" without a formal ceremony. Partners in a common-law marriage are entitled to the same rights as partners in a formal marriage. However, couples may choose to remain in common-law marriages because they do not wish to incur the cost of a formal wedding ceremony or have the time for it. The law regards a common-law marriage partner the same as a traditional marriage partner. Such a partner is entitled to the following rights:

Visitation rights in a jail or prison
Visitation rights in a hospital
Insurance benefits
Healthcare benefits
Entitlement to a share of marital property upon dissolution of the marriage
Right of inheritance
Right to spousal support
Child custody rights
Right to access certain personal records
Tax deduction and exemption rights

Common-law marriages are not formal and so are often not recorded. This may create difficulties, some of which include:

The person that alleges that there is a common-law marriage has the burden of proving it.
The marriage may be difficult to prove
If a party fails to prove the marriage, they shall lose their spousal rights.

Does Maryland Recognize Common-Law Marriage?

Maryland does not recognize common-law marriages formed in the state. That said, in compliance with the Full Faith and Credit Clause, the state recognizes common-law marriages validly created in another state where this type of union is legal. For the common-law marriage to be recognized in Maryland, civil unions must fulfill all requirements and be considered valid in the state where it took place. Once all conditions are satisfied, parties in a common-law marriage that move to Maryland become entitled to the same rights as couples in a formal marriage in the state.

Maryland recognizes other unions, such as cohabitation agreements and domestic partnerships. Domestic partnerships and cohabitation agreements allow the partners to have rights and responsibilities regarding each other. However, while a domestic partnership may be created once the partners cohabit and decide to be responsible for each other, a cohabitation agreement is a contract entered by the two parties.

What Is a Domestic Partnership in Maryland?

A domestic partnership in Maryland is a relationship that allows cohabiting partners to have some of the rights and obligations of a married couple. Parties to a domestic partnership would need to meet the conditions contained in the Maryland Code, including:

Parties should be at least 18 years old.
The parties to the domestic partnership should not be related by blood or marriage within four degrees of consanguinity under civil law.
The individual should not be in any other marriage, civil union, or domestic partnership.
The parties should have agreed to be responsible for each other.

Domestic partners become entitled to some marital rights, such as the right to make hospital visits, making property transfer without tax liability, and making funeral plans for each other. However, domestic partnerships entered into in Maryland shall not be recognized in other states.

Couples in a domestic partnership may need to provide an affidavit and documentary evidence to prove the domestic partnership. Valid documents may include:

A relationship or cohabitation contract
Joint responsibility for the care of children
Coverage on a health insurance policy
Joint accounts or joint investments
A power of attorney made by one party and granted to the other

What Is a Cohabitation Agreement in Maryland?

A cohabitation agreement in Maryland is a legally binding agreement between a couple living together. Ordinarily, there is a limit to the rights which a couple living together can obtain in Maryland. Even then, the party alleging the right would need to prove that there is a domestic partnership. However, parties can make their intentions clear through a cohabitation agreement and increase the scope of the rights and obligations under a domestic partnership. The couples can agree on property division in the case of separation, grant powers of attorney, among other things. Parties can also allow each other to make medical and financial decisions if one party becomes incapacitated. The parties can include their terms and provisions in the agreement, and it shall be enforceable between the parties as a contract.

What Are the Requirements for a Common-Law Marriage in Maryland?

Persons cannot create common-law marriages in Maryland. Maryland statutes do not include any requirements for the formation of common-law marriage. However, there are generic requirements shared by all of the states where common-law marriages are recognized. These include:

The parties to the marriage should be 18 years old or older
The parties should not be in any marriage, common-law marriage, civil union, or domestic partnership with another individual.
The parties should be capable of consenting to the marriage
The parties should not be related by blood
The parties should have cohabited for some time

Maryland recognizes domestic partnerships and cohabitation agreements. They both require the parties to be at least 18 years old and unrelated by blood. A domestic partnership also requires the parties to not be in any other marriage, civil union, or domestic partnership with another individual.

How Many Years Do You Have to Live Together for Common-Law Marriage in Maryland?

Irrespective of how long a couple lives together in Maryland, they cannot establish a common-law marriage within the jurisdiction. Only traditional marriages are recognized in Maryland. The other options available are domestic partnerships and cohabitation agreements. A domestic partnership is created through cohabitation and the intention of the parties to be mutually responsible for each other. A cohabitation agreement is created through a contract.

What Does it Mean to be Legally Free to Marry in Maryland?

To be legally free to marry in Maryland, a person must satisfy all of the conditions required before they can enter a formal marriage. This includes being of age and not being in another marriage. In other words, individuals 18 years old or older can get married freely in Maryland if they are not in another marriage, domestic partnership, common-law marriage, or civil union. Individuals 17 or 16 years old can get married with parental consent if there is a physician’s certification that the female is pregnant or if a physician certifies that the female to be married has given birth to a child. For individuals 15 years old, parental consent and a physician’s certification that a female to be married is pregnant or has given birth is required. Individuals under 15 years old cannot get married in Maryland.

What Is an Informal Marriage in Maryland?

An informal marriage is a marriage between two people living together as spouses without obtaining a marriage license in Texas. It is the name given to common-law marriages in Texas. Maryland does not recognize the creation of informal marriages within the state. However, it recognizes informal marriages created in Texas. Couples in an informal marriage can retain their marital rights if they move to Maryland.

How Do You Prove Common-Law Marriage in Maryland?

An individual can prove a common-law marriage in Maryland by establishing an intention of both parties to be married. This may be important for obtaining certain benefits, such as the right to inheritance, the right to a share of marital property upon divorce, insurance benefits, and child custody claims. The burden of proving the common-law marriage is on the party that alleges its existence. The person can do this through witness testimony and documents showing an intention to marry, such as:

Records showing joint tenancy or joint ownership of a property
Witness testimony to show that the couple referred to themselves as husband and wife
Contracts or form that name one party as the spouse of the other
Records of joint tax returns
Records of joint bank accounts
Documents showing that one party took the surname of the other

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in Maryland After Death?

A party can prove a valid common-law marriage in Maryland after the other party’s death through evidence, such as witness testimony or documents. The union must have been created in a state that recognizes common-law marriages and all the requirements for marriage fulfilled in the same state. Also, the parties should have held themselves out as spouses. Witness testimony may be from family, friends, or employers. The witnesses would have to testify that the couple referred to themselves as husband and wife. Interested persons may also prove the marriage with records that show that the couple intended to be regarded as husband and wife. Examples of such documents are joint tenancy and joint ownership of property.

Do Common-Law Marriages Require a Divorce?

Common-law marriages created in jurisdictions that recognize them require a divorce. Without a divorce, a party to such a marriage would be unable to enter a marriage or domestic partnership with another individual. The divorce to end common-law marriages is similar to traditional marriages. If the common-law couple has relocated from the state where the marriage was created to Maryland, a party may send the divorce petition to a Maryland Court with jurisdiction. One of the parties should be a resident in Maryland to have the divorce in the state. The court shall also determine custody of children, separation of properties, and other matters. The court may also follow a pre-existing agreement regarding the separation of property. Otherwise, property division shall be according to the law. There should also be at least one ground for divorce. The grounds for divorce include:

Twelve months of separation
Mutual consent
Adultery
Actual or constructive desertion
Cruel treatment
Insanity
A conviction for a crime

Does A Common-Law Wife Have Rights in Maryland?

A common-law wife in Maryland has the same rights as a wife in a traditional marriage, including the right to make medical decisions if the husband is incapacitated, the right to social benefits, the right to inherit, and the right to the marital property upon dissolution. The rights are enforceable once the court or organization establishes that a common-law marriage exists between the couple, made valid in a state that recognizes such a marriage.

Can a Common-Law Wife Collect Social Security in Maryland?

A common-law wife can collect social security in Maryland. However, parties must have the common-law marriage in a state that recognizes it. The wife would also need to provide proof of the marriage to collect social security. The process includes filling and submitting the statement of marital relationship form and a statement from a blood relation form. The partner would also need to provide information about the marriage. These include:

A list of family, neighbors, or employers who are aware of the relationship
The month and year when the partners began cohabiting
The place the union took place
Whether there are any children under the union
Duration of the marriage

Are Common-Law Wives Entitled to Half in Maryland?

Common-law wives are not entitled to half of the marital property in Maryland. However, common-law wives are entitled to the same share of marital property as a wife in a traditional marriage. Maryland is a fair distribution state, and marital property is shared fairly and equitably between the parties. The court would consider the following in distributing the property:

The contribution by each party to the marital property, both monetary and non-monetary
The economic situation of each party when the order is to be made
Whether the divorce is due to the fault of either party
Duration of the marriage
The age, physical, and mental condition of the parties
Such other factors that the court considers necessary

How Do You Get A Common-Law Marriage Affidavit in Maryland?

Maryland does not provide common-law marriage affidavits, as it does not recognize such marriages. However, interested persons may obtain affidavits to prove a common-law marriage in the state where the union took place. The requirements for affidavits in each state may differ. However, the information contained in the affidavit may include:

A statement that the parties old enough to marry when they got married
The date the parties decided to be married
The state where the parties decided to be married
Details of any other marriages entered by either party, with the wedding date and the termination date

When Did Common-Law Marriage End in Maryland?

Common-law marriages are not recognized in Maryland.

What Is Considered Common-Law Marriage in Maryland?

Maryland does not recognize common-law marriages within the state. The state only recognizes common-law marriages created in a state where such a marriage is recognized. Parties to a common-law marriage created in a jurisdiction that recognizes it can obtain rights under the marriage. A marriage in Maryland involves the issuance of a marriage license. However, Maryland recognizes domestic partnerships and cohabitation agreements. A domestic partnership is created through cohabitation and the intention of the couples to be responsible for each other. A cohabitation agreement is a contract stating rights and responsibilities for each party.

Does the Federal Government Recognize Maryland Common-Law Marriages?

The United States Federal Government recognizes common-law marriages created in states that recognize such unions. There are nine of these states in the United States, namely; Kansas, Iowa, Rhode Island, New Hampshire, Colorado, South Carolina, Texas, Utah, and Montana. The District of Columbia also recognizes common-law marriages within its jurisdiction.

Common-law marriages created in Alabama, Georgia, Idaho, Pennsylvania, Oklahoma, and Ohio before a specific date are also recognized. Common-law marriages can be relevant at the federal level for filing taxes and immigration purposes such as obtaining permanent residency.