Common law marriage is a term that refers to a relationship in which a couple lives together and presents themselves as married without ever going through a formal ceremony or obtaining a marriage license. While some states in the U.S. recognize common law marriages, it’s important to understand how Maryland and the District of Columbia handle these relationships, especially when legal matters like property division or inheritance come into play.
What Is Common Law Marriage?
A common law marriage occurs when a couple lives together for a significant period and holds themselves out as being married without ever formally tying the knot. In states that recognize common law marriage, couples in these relationships may have the same legal rights as those who went through a traditional ceremony, including rights to property, spousal support, and inheritance.
However, not every state recognizes common law marriages, and the requirements for establishing one can vary widely in those that do.
Does Maryland Recognize Common Law Marriage?
In short, Maryland does not recognize common law marriages that are created within the state. If a couple lives together in Maryland and considers themselves married without going through a formal ceremony or obtaining a license, Maryland law will not grant them the legal rights or responsibilities associated with marriage. This means that couples cannot claim the benefits of marriage, such as property division or spousal support, unless they have legally married through the state’s recognized processes.
Common Law Marriage in the District of Columbia.
The District of Columbia recognizes common law marriages between otherwise unmarried adults over the age of consent, who have mutually and expressly agreed to be married to one another. This agreement can be shown by referring to one another as “husband” and “wife,” filing joint tax returns, naming one another as beneficiaries in wills or other documents, and other behaviors typical of married couples. A couple must also cohabitate in order to establish a common law marriage. While there is no explicit term, the longer a common law marriage exists, the more likely that the District of Columbia or another state will recognize it. The burden of proof in showing that a common law marriage exists will rest on the party, or parties, asserting the existence of the marriage.
What If a Common Law Marriage Was Established in Another State?
While Maryland does not allow common law marriages to be created within its borders, the state does recognize common law marriages that were validly established in other states. This is due to the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to respect the laws and legal contracts of other states.
If a couple establishes a common law marriage in a state that recognizes it—such as Colorado, Texas, or the District of Columbia—Maryland will honor that marriage as valid when the couple moves to Maryland. This means the couple can access the same legal rights as any other married couple in Maryland, including property division, spousal support, and inheritance rights, provided they meet the common law marriage requirements from the state where the marriage was established.
How Can You Protect Your Rights as an Unmarried Couple in Maryland?
Since Maryland does not recognize common law marriage, unmarried couples who live together need to take proactive steps to protect their legal rights. These documents can also function as evidence of common law marriage to prove a marriage established in a state which permits common law marriages. Here are a few ways to safeguard your interests:
Cohabitation Agreement: A cohabitation agreement is a legal contract that outlines each partner’s rights and responsibilities. It can address issues like property division, debt obligations, and financial support in case the relationship ends. This can provide legal clarity and reduce potential conflicts.
Estate Planning: Without legal marriage, one partner may not automatically inherit the other’s property if they pass away. Unmarried couples should create wills, trusts, or other estate planning documents to ensure that their assets are distributed according to their wishes.
Power of Attorney and Health Care Directives: These legal documents allow unmarried partners to make financial and medical decisions for each other in case one becomes incapacitated. Without these documents, a partner may have no legal standing to act on the other’s behalf.
How We Can Help
While Maryland does not recognize common law marriage, it does respect common law marriages established in Washington, DC and other states. For unmarried couples living in Maryland, it is important to take legal steps to protect your interests. If you have questions about your legal rights as an unmarried couple or need assistance with estate planning or cohabitation agreements, the Law Offices of Tina Sharma is here to help. Contact us today to schedule a strategy session and learn how we can assist in protecting your future.