Many couples in Michigan live together for years, sharing finances, raising children, and building lives without formal marriage. This situation raises questions about their legal rights and protections, particularly if the relationship ends or one partner dies.
Understanding Michigan’s approach to these long-term partnerships is important for anyone in a committed relationship outside of traditional marriage, as knowing your legal standing can help prevent confusion and safeguard your interests. This article examines how Michigan addresses these unions.
Legal Status in Michigan
Michigan does not permit the creation of new common law marriages within its borders. Regardless of how long a couple cohabits or presents themselves as married, the state will not legally recognize their relationship as a marriage if it was initiated in Michigan after January 1, 1957.
This change is reflected in Michigan Compiled Laws section 551.2, which defines marriage as a civil contract requiring the consent of legally capable parties, a license, and solemnization by an authorized individual.1Michigan Legislature. MCL Section 551.2 Marriage as Civil Contract; Consent; License; Solemnization This formal process prevents the informal creation of a marriage through cohabitation and public representation alone.
Before this 1957 cutoff, Michigan did recognize common law marriages if certain conditions were met. These included:
- A present agreement to live together as husband and wife
- Cohabitation
- Holding themselves out to the public as a married couple
Any common law marriage validly established in Michigan before January 1, 1957, continues to be recognized by the state.
Recognition of Out-of-State Unions
Although Michigan no longer permits the formation of new common law marriages domestically, it recognizes such unions if they were validly established in other jurisdictions that allow them. This recognition is based on the Full Faith and Credit Clause of the United States Constitution, requiring states to respect the laws and judicial proceedings of other states.2Legal Information Institute. Overview of the Full Faith and Credit Clause
A couple who legally established a common law marriage in a state that permits such unions, and then moved to Michigan, would have their marital status recognized by Michigan courts. To achieve this recognition, the couple must prove that the marriage was validly formed according to the laws of the state where it originated. This involves demonstrating they met all that jurisdiction’s specific criteria, such as an agreement to be married, cohabitation, and public representation as a married couple in that state.
Michigan courts uphold the principle that a marriage legally sound where and when it was formed is not retroactively invalidated. Individuals seeking recognition in Michigan for an out-of-state common law marriage must provide substantial evidence of its validity according to the originating state’s laws.
Impact on Property Division
When unmarried couples in Michigan separate, the division of property accumulated during their relationship differs significantly from married couples divorcing. Michigan law does not automatically presume that property acquired during cohabitation is jointly owned or subject to equitable distribution. Ownership is determined by whose name is on the title or who purchased the asset. If an asset is solely in one partner’s name, that partner is considered the legal owner, regardless of the other partner’s contributions or the relationship’s length.
Because Michigan does not grant marital rights based on cohabitation alone, there is no automatic equitable distribution of assets upon separation for unmarried couples. Services one partner renders to the other, such as homemaking or contributing labor to a property, are presumed to be done without an expectation of payment. This presumption makes it difficult for a partner to claim an interest in property titled in the other’s name based on their contributions, unless a clear agreement states otherwise.
To establish a claim to property not legally titled in their name, an unmarried individual needs to prove an explicit agreement or another legal basis for their claim. Michigan courts may enforce written contracts between cohabiting individuals regarding property, provided these agreements are independent of the relationship itself and not based on an exchange for the relationship.
Without a clear contract, a partner might try to recover contributions through legal theories arguing it would be unfair for one party to retain a benefit provided by the other without compensation. However, Michigan courts are cautious in applying these doctrines to disputes between unmarried cohabitants, sometimes viewing such claims as attempts to indirectly establish common law marriage rights. Success requires showing an expectation of compensation by both parties or an agreement for shared ownership separate from the relationship.3Michigan Courts. Allan Deschane V Tracy Klug, COA 360677 (2022)
For jointly owned property where both names appear on the title, such as real estate held as tenants in common or joint tenants, Michigan law provides clearer rules. If property is held as tenants in common, each owner has a distinct share. If held as joint tenants with rights of survivorship, upon one owner’s death, their share automatically passes to the surviving owner(s). If co-owners separate and cannot agree on disposition, a partition action might be necessary to divide the property. Unmarried couples purchasing property together should clearly define how it is titled.
Parental Rights
When a child is born to unmarried parents in Michigan, the mother is automatically granted sole legal and physical custody from birth. She has the initial authority for decisions about the child’s upbringing. For the father to gain legal parental rights, including custody and parenting time, he must first establish paternity.
The primary method for an unmarried father to establish paternity is by both parents voluntarily signing an Affidavit of Parentage.4Michigan Department of Health and Human Services. Affidavit of Parentage (DCH-0682) This legal document, often completed at the hospital, formally acknowledges the man as the child’s father. Once properly completed, signed, and filed with the State Vital Records office, it legally establishes paternity. Signing this affidavit means both parents waive their right to genetic testing to confirm paternity; if there is uncertainty, either parent can request court-ordered genetic testing beforehand.
If there is a dispute about paternity, or if one parent is unwilling to sign the Affidavit of Parentage, either parent or the Michigan Department of Health and Human Services can file a paternity action in circuit court. The court may then order genetic testing, as governed by the Paternity Act.5Michigan Legislature. The Paternity Act (Act 205 of 1956)
Once paternity is established, the mother retains initial custody until a court issues an order regarding custody and parenting time. The legally recognized father can then petition the court for these rights. The court makes decisions based on the best interests of the child, considering factors outlined in the Michigan Child Custody Act, such as the emotional ties between parent and child and each parent’s capacity to provide care.6Michigan Legislature. Child Custody Act of 1970 (Act 91 of 1970) Both parents, regardless of marital status or custody arrangements, have a legal duty to financially support their child, with amounts calculated using the Michigan Child Support Formula.7Michigan Courts. 2025 Michigan Child Support Formula Manual
Available Legal Protections for Unmarried Couples
Given Michigan’s stance on common law marriage, unmarried couples must proactively establish legal safeguards for their relationship and individual interests. Without the automatic protections of marriage, cohabiting partners can face vulnerabilities concerning healthcare decisions, financial management during incapacity, and asset disposition upon death.
Creating comprehensive estate plans is a foundational step. This involves drafting wills to direct how individual assets should be distributed. Without a will, Michigan’s intestacy laws dictate property distribution, prioritizing legal spouses and relatives, meaning a surviving unmarried partner would not inherit directly.8Michigan Legislature. MCL Section 700.2103 Share of Spouse A will allows an individual to name their partner as a beneficiary. Trusts can offer more complex control over assets.
Unmarried partners should also arrange for managing healthcare and financial affairs in case of incapacitation. A Durable Power of Attorney for Health Care, or patient advocate designation in Michigan, allows an individual to appoint someone to make medical decisions if they cannot.9Michigan Legislature. MCL Section 700.5506 Designation of Patient Advocate This designation must be written, signed, witnessed, and include the advocate’s acceptance. Without it, healthcare providers might look to legal next-of-kin, potentially excluding an unmarried partner. A Durable Power of Attorney for Finances grants an agent authority over financial affairs.
Cohabitation agreements are another tool. While they cannot create a marriage, they can define partners’ rights and responsibilities regarding finances, property, and other aspects of their life together and in case of separation. For enforceability, these agreements must be written contracts, entered into voluntarily with full disclosure, and ideally with each party having independent legal counsel. They can outline management of joint expenses, ownership of property acquired during the relationship, and handling of assets or debts if the relationship ends. Courts may uphold these contracts if not based on payment for the relationship itself and meet general contract law requirements.
While Michigan lacks statewide domestic partnership registries conferring broad marital-like rights, some local municipalities have offered them.10City of East Lansing. Domestic Partnership Registry Their scope is limited and does not equate to state-level marriage rights, offering specific benefits like eligibility for municipal employee benefits but not altering fundamental status under state law for inheritance or comprehensive property rights. Relying solely on a local registry is insufficient for comprehensive protection.
The most robust protections for unmarried couples in Michigan derive from carefully drafted legal documents tailored to their specific circumstances, such as:
- Wills
- Trusts
- Powers of Attorney
- Cohabitation Agreements