Many couples in long-term relationships believe that living together for a certain time grants them the same legal rights as married couples, a misunderstanding often tied to the idea of common law marriage. This can lead to significant confusion regarding property division, child custody, and inheritance. Because state laws vary, it’s important for those cohabiting in Minnesota to understand the state’s specific rules to prevent legal complications. This article outlines Minnesota’s position on common law marriage and its consequences.
Current Recognition in Minnesota
Minnesota law does not permit the creation of common-law marriages. Cohabiting in Minnesota, regardless of the duration or how a couple presents their relationship, does not result in legal marital status without a marriage license and formal ceremony.
Minnesota Statute Chapter 517 specifies that a valid marriage requires these formalities.1Minnesota Legislature Revisor’s Office. Chapter 517 Civil Marriage Living together alone does not satisfy these legal requirements, so cohabiting couples in Minnesota do not automatically receive the rights of married spouses.
Marriages Formed in Other States
Minnesota recognizes common-law marriages validly established in states that allow them, based on the U.S. Constitution’s Full Faith and Credit Clause.2Congress.gov. U.S. Constitution – Article IV, Section 1 If a couple legally formed a common-law marriage in such a state, Minnesota courts will acknowledge it.
For recognition, the couple must prove they met all legal requirements for common-law marriage in the originating state. This includes showing an agreement to be married, cohabitation, and presenting themselves publicly as married in that state. Sufficient evidence is required, and if proven, Minnesota will treat the couple as legally married.
Property Division
For unmarried cohabiting couples in Minnesota, property division upon separation differs greatly from married couples. The state’s marital property laws, providing for equitable division, do not apply. Property ownership remains with the individual holding legal title, regardless of the relationship’s length.
Financial and property claims from cohabitation fall under Minnesota Statutes Sections 513.075 and 513.076.3Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 513.075 Cohabitation; Property And Financial Agreements These statutes require a written, signed contract for a court to consider claims on earnings or property based on cohabitation; this agreement must not use sexual relations as consideration.4Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 513.076 Necessity Of Contract Without such a contract, claiming property in the other’s name or seeking support based on the relationship is very difficult. Oral promises are unenforceable.
These statutes do not bar all property claims. If property is jointly titled, each co-owner has an interest, and a partition action can divide it. Claims independent of cohabitation, such as unjust enrichment, might be pursued but are complex to prove. Unmarried couples should not assume shared property rights without formal marriage or a compliant written agreement.
Custody and Support
For unmarried Minnesota couples with children, custody and child support are determined independently of marital status. The guiding standard in custody decisions is the best interests of the child (Minnesota Statute Section 518.17).5Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 518.17 Custody And Parenting Time; Best Interests Of Child Courts evaluate factors like the child’s needs, preferences, and parental caregiving history, without gender bias.
Establishing paternity is a key step for unmarried fathers seeking custody or parenting time. Minnesota Statute Section 257.541 grants the mother sole custody until paternity is established, either through a signed Recognition of Parentage form or a court action, possibly involving genetic testing.6Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 257.541 Custody And Parenting Time With Children Born Outside Of Marriage Once established, a father can petition for custody and parenting time.
Both unmarried parents are legally required to support their children. Minnesota uses an income shares model (Minnesota Statutes Chapter 518A), considering both parents’ gross incomes, the number of children, and child-rearing costs.7Minnesota Legislature Revisor’s Office. Chapter 518A Child Support Support covers basic needs, medical care, and child care expenses. Support may be ordered even with joint physical custody, particularly with income disparities or differing parenting time. County offices can assist with support orders; district courts handle contested custody.
Estate and Inheritance
If a Minnesotan dies without a will (intestate) and is not legally married, their property is distributed according to state intestacy laws (Minnesota Statutes Chapter 524).8Minnesota Legislature Revisor’s Office. Chapter 524 Uniform Probate Code These laws prioritize family relationships for inheritance and do not include unmarried surviving partners. Consequently, an unmarried surviving partner has no automatic right to inherit assets solely in the deceased’s name; property passes to relatives.
Minnesota probate law defines a surviving spouse for inheritance, a status not granted to cohabiting partners unless formally married or in a recognized out-of-state common-law marriage. An unmarried surviving partner is not considered a spouse under intestacy laws and is ineligible for certain statutory allowances available to legally recognized spouses.
Estate planning is important for unmarried partners. A valid will, meeting legal requirements (written, signed by the testator, and witnessed by two individuals, per Minnesota Statute Section 524.2-502), allows one to name their partner as a beneficiary, overriding intestacy.9Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 524.2-502 Execution; Witnessed Wills; Holographic Wills Without a will, a deceased partner’s intent to provide for their cohabitant may not be honored for probatable assets.
Other tools can transfer assets outside probate. These include designating a partner as beneficiary on life insurance, retirement accounts, and bank accounts with payable-on-death (POD) or transfer-on-death (TOD) provisions. Owning property as joint tenants with rights of survivorship (JTWROS), under Minnesota Statute Section 500.19, also allows the deceased’s share to pass automatically to the surviving joint tenant.10Minnesota Legislature Revisor’s Office. Minnesota Statutes Section 500.19 Classification And Nature Of Estates These require careful planning and documentation.