The concept of common law marriage, and whether living together for years grants marital rights, often creates confusion. This article will clarify the nature of common law marriage and explain its legal standing in Minnesota, providing a clear picture for unmarried couples.
Understanding Common Law Marriage
Common law marriage is a legal framework that recognizes a couple as legally married even without a formal ceremony or a state-issued marriage license. This status is not automatic and is only available in a handful of states.
The core elements to establish a common law marriage include a present agreement to be married, cohabitating in the state that recognizes it, and publicly presenting themselves as a married couple. This “holding out” means acting in a way that would lead the community to believe they are married, such as using the same last name or filing joint tax returns. The specific criteria can vary between the states that permit this type of marriage.
Common Law Marriage in Minnesota: The Legal Reality
Minnesota law does not permit couples to form a common law marriage within its borders, a practice that was abolished in 1941.1MN Revisor’s Office. Sec. 517.01 MN Statutes No matter how long a couple lives together, shares finances, or has children, their relationship will not transform into a legal marriage in Minnesota without formal proceedings.
The legal basis for this is found in Minnesota statutes, which state that a marriage is a civil contract requiring the consent of the parties, a solemnization ceremony, and a marriage license. Simply living as if married does not grant any of the automatic legal protections afforded to legally married spouses. This includes rights to property division, spousal support, or inheritance upon the end of the relationship or the death of a partner.
However, Minnesota law does offer protection under the “putative spouse” doctrine. A person who cohabited with another under the good faith belief that they were legally married can be declared a putative spouse.2MN Revisor’s Office. Sec. 518.055 MN Statutes This status allows them to acquire the rights of a legal spouse, including rights to maintenance and property division, until they learn they are not actually married.
When Minnesota Might Recognize an Out-of-State Common Law Marriage
While a couple cannot create a common law marriage in Minnesota, the state may recognize one that was validly established elsewhere. This legal concept, known as comity, means that Minnesota courts will respect the laws and judicial decisions of other states. If a couple was considered married after meeting the requirements in a state that permits it, Minnesota will recognize that marriage as valid.
The couple must have satisfied the specific elements of common law marriage in the other state while they were living there. They cannot move to Minnesota and then retroactively claim a common law marriage from a state they previously lived in without having met that state’s full criteria first.
The burden of proof rests entirely on the person claiming the existence of the common law marriage. They must provide evidence to a Minnesota court demonstrating that the marriage was validly formed in the other state. This evidence could include affidavits from friends and family, joint financial documents from that period, tax returns filed as a married couple, or testimony showing they presented themselves as spouses to that community.
Legal Options for Unmarried Couples in Minnesota
Since common law marriage cannot be formed in Minnesota, unmarried couples who live together should consider alternative legal tools to define their rights and obligations. Without proactive planning, the end of a relationship can lead to complicated outcomes, as there are no automatic rights to property or support.
A primary tool available is a cohabitation agreement. For this contract to be enforceable regarding property and finances, it must be in writing and signed. It allows a couple to specify how their property and assets should be divided if they separate and can address shared expenses during the relationship.
However, the state law governing these agreements refers to a contract “between a man and a woman,” and this language has not been updated to be gender-neutral, which could create legal ambiguities for same-sex couples.3MN Revisor’s Office. Sec. 513.075 MN Statutes A cohabitation agreement cannot set terms for child custody or child support, which are determined separately by law.
Couples can also use other legal instruments to protect their interests. These documents allow partners to make decisions for each other in medical emergencies and to ensure their assets are distributed according to their wishes upon death.
- Titling property as “joint tenants with rights of survivorship” to ensure the surviving partner automatically inherits the property.
- Creating wills to direct how assets are distributed upon death.
- Establishing healthcare directives to allow a partner to make medical decisions in an emergency.
- Signing powers of attorney to allow a partner to manage financial affairs if one becomes incapacitated.