Common law marriage is a legal concept that can lead to confusion, as its recognition varies significantly from one state to another. It refers to a marriage established without a formal ceremony or the issuance of a marriage license, created when two people agree and present themselves to the public as married. For residents of Michigan, understanding the state’s specific laws on this topic is important for accurately defining their legal relationship status and ensuring their rights are protected.
Current Status of Common Law Marriage in Michigan
Michigan does not permit the creation of new common law marriages. This practice was formally abolished by a state law that took effect on January 1, 1957. While that statute’s prohibition on common law marriage remains in full effect, its original definition of marriage has been superseded by the 2015 U.S. Supreme Court decision that legalized same-sex marriage nationwide.1Justia U.S. Supreme Court Center. Obergefell v. Hodges, 576 U.S. 644 (2015)
Consequently, since 1957, the only path to a legally recognized marriage in Michigan for any couple is to obtain a marriage license and have the union solemnized by an authorized official.2Michigan Legislature. Michigan Compiled Laws, Chapter 551.2 No matter how long a couple lives together or presents themselves as married to their community, they cannot establish a new common law marriage in Michigan. The only exception pertains to common law marriages that were validly established within Michigan before the 1957 cut-off date; those unions are still recognized.
Recognition of Common Law Marriages Formed in Other States
While new common law marriages cannot be formed in Michigan, the state does recognize valid common law marriages established in other jurisdictions. This recognition is based on the “Full Faith and Credit” clause of the U.S. Constitution, which requires states to honor the public acts and judicial proceedings of every other state.3Congress.gov. Article IV Section 1 | Constitution Annotated If a couple forms a legitimate common law marriage in a state that permits them, such as Colorado or Texas, and then moves to Michigan, their marriage will be considered valid.
Michigan courts will look to the law of that other state to determine if the couple met all the necessary requirements at the time they claim the marriage began. This ensures that a legal status properly acquired elsewhere is not lost simply by crossing state lines, which prevents legal uncertainty for couples who relocate to Michigan.
Establishing an Out-of-State Common Law Marriage for Michigan Recognition
Though requirements vary, states that recognize common law marriage generally look for three core elements. First, there must have been a present agreement and intent to be married, meaning the couple considered themselves married at that moment, not at some point in the future. Second, the couple must have cohabited in that state, living together as spouses. Third, they must have held themselves out to the public as a married couple.4Texas.Public.Law. Texas Family Code Section 2.401 – Proof of Informal Marriage
Evidence to prove these elements can include a wide range of documents and behaviors, such as:
- Filing joint tax returns
- Opening joint bank accounts
- Naming each other as beneficiaries on insurance policies
- Jointly titling property
- Using the same last name
- Testimony from friends, family, or business associates who can confirm the couple referred to each other as spouses
The burden of proof rests on the couple to show they satisfied these conditions in the other state.
Legal Alternatives for Unmarried Couples in Michigan
Since common law marriage cannot be formed in Michigan, unmarried couples living in the state should consider using legal documents to define their rights and responsibilities. A cohabitation agreement is a contract that can outline how property and assets will be divided and what financial responsibilities each partner has if the relationship ends.
Estate planning is another important area for unmarried partners. Creating a will or a trust allows each partner to designate the other as a beneficiary of their property. These documents ensure that assets are distributed according to their wishes rather than by default inheritance laws, which would pass assets to the next of kin.
Powers of attorney are valuable for managing affairs during one’s lifetime. A durable power of attorney for finances allows one partner to make financial decisions for the other if they become incapacitated.5Justia. Michigan Compiled Laws § 700.5501 (2023) – Durable Power of Attorney; Definition; Attorney-in-Fact Similarly, a patient advocate designation, or medical power of attorney, grants the authority to make healthcare decisions in such a scenario.6Justia. Michigan Compiled Laws § 700.5506 (2019) – Designation of Patient Advocate
Jointly owning property can also establish shared rights, but these other legal agreements provide more comprehensive protection for unmarried couples.