A common law marriage is a marital union that does not require a formal ceremony or a marriage license. For Arizona residents, understanding the state’s position on this arrangement is important. The applicability of common law marriage depends on where the relationship was formed, which is relevant for couples moving to Arizona from other jurisdictions.
Arizona’s Stance on Forming Common Law Marriages
Arizona law does not permit couples to form a common law marriage within its borders. A couple cannot become legally married simply by living together and presenting themselves as married, a policy established in 1913. For a marriage to be valid in Arizona, the couple must follow specific statutory procedures.
The legal requirements are outlined in Arizona Revised Statutes § 25-111, which mandates a license and solemnization.1azleg.gov. 25-111 – Requirement of license and solemnization; covenant marriages This means couples must obtain a marriage license from a county clerk and then have the marriage solemnized by an authorized individual, such as a judge or clergy member. Without these steps, a relationship initiated in Arizona cannot achieve the legal status of marriage.
Recognition of Common Law Marriages from Other States
While Arizona prevents the formation of common law marriages, it does recognize such unions if they were validly established in a state that permits them.2Justia Law. Arizona Revised Statutes § 25-112 (2019) – Marriages contracted in another state; validity and effect This recognition is compelled by the U.S. Constitution’s Full Faith and Credit Clause, which requires states to honor the public acts and records of every other state. This means Arizona courts must give legal effect to a common law marriage properly formed under another jurisdiction’s laws.
For Arizona to recognize the marriage, the couple must have met all the legal requirements for a common law marriage in the state where the union began. For example, if a couple lived in Colorado and met all of its criteria for such a union before moving to Arizona, Arizona would treat them as a legally married couple.3Colorado.Public.Law. C.R.S. 14-2-109.5 – Common law marriage This principle ensures a couple’s marital status does not change by crossing state lines.
Proving an Out-of-State Common Law Marriage in Arizona
When a legal dispute in Arizona hinges on marital status, the person asserting an out-of-state common law marriage exists bears the burden of proving its validity. An Arizona court will apply the specific laws of the state where the marriage was allegedly formed. The party must present evidence demonstrating that the legal standards of that state were met.
The core elements of proof required by states that permit common law marriage are consistent. First, there must have been a present agreement and intent to be married, not just a plan to marry in the future. Second, the couple must have held themselves out to the public as a married couple, shown with evidence like using the same last name, filing joint tax returns, or having joint bank accounts or property titles. Third, the couple must have cohabited.
Legal Status of Unmarried Cohabiting Couples in Arizona
For couples who live together in Arizona without having been formally married or having established a valid common law marriage elsewhere, their legal status is that of unmarried individuals. Merely cohabiting does not automatically grant them the rights afforded to married spouses under Arizona law. This distinction is most apparent when the relationship ends or one partner passes away.
In a separation, community property laws do not apply. Property acquired during the relationship generally belongs to the person who holds the title. Similarly, unmarried partners do not have automatic inheritance rights; if one partner dies without a will, the surviving partner is not entitled to any portion of the deceased’s estate under Arizona’s intestacy laws.4azleg.gov. 14-2102 – Intestate share of surviving spouse
Legal Protections for Unmarried Cohabiting Couples in Arizona
Unmarried couples in Arizona can take legal steps to create protections that mirror some of those provided by marriage. These measures require creating legally binding documents to define the relationship’s terms, which can include:
- A cohabitation agreement, a written contract that can delineate property ownership, financial responsibilities, and how assets would be divided upon separation.
- Wills or trusts to ensure assets are distributed according to their wishes upon death, designating their partner as a beneficiary.
- A healthcare power of attorney, granting each other the authority to make medical decisions in case of incapacitation.5azleg.gov. 36-3221 – Health care power of attorney; scope; requirements …
- A financial power of attorney to serve a similar purpose for managing financial affairs.6azleg.gov. 14-5501 – Durable power of attorney; creation; validity