A common law marriage is a relationship where a couple is legally considered married without a formal ceremony or marriage license. The concept originates from times when it was difficult to access officials qualified to perform a marriage. For a relationship to be recognized as a common law marriage, the couple must meet specific state requirements, which involve intending to be married and presenting themselves to others as a married couple.
Indiana’s Current Stance on Common Law Marriage
Indiana law does not permit the formation of new common law marriages within the state. The Indiana General Assembly officially abolished the practice effective January 1, 1958.1Justia. Indiana Code § 31-11-8-5. Common Law Marriages Entered Into After January 1, 1958 This means that no matter how long a couple lives together or holds themselves out as married, their relationship cannot become a legally recognized marriage in Indiana if it began after this date.
Since the 1958 repeal, couples wishing to marry in Indiana must obtain a marriage license from a circuit court clerk and have the marriage solemnized by an authorized individual.2Justia. Indiana Code § 31-11-4-1. Marriage License Required to Marry3Justia. Indiana Code § 31-11-6-1. Persons Authorized to Solemnize Marriages
Recognition of Common Law Marriages Formed in Other States
While Indiana prohibits the creation of common law marriages within its borders, it recognizes those that were validly established in other states. This recognition is based on the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to respect the public acts and judicial proceedings of every other state. If a couple meets all the legal requirements for a common law marriage in a state that permits them, such as Colorado or Texas, Indiana will honor that marriage if the couple later moves to Indiana.
The key determination is whether the marriage was valid in the state where it was allegedly formed, as the laws of that jurisdiction dictate the necessary elements. An Indiana court will apply the law of the state of origin to decide if a common law marriage ever legally existed. If it did, the couple will have the same legal rights and responsibilities in Indiana as any couple who was formally married.
Establishing an Out-of-State Common Law Marriage in Indiana
When an Indiana court determines if a common law marriage was validly formed in another state, it examines evidence to see if the couple met that state’s legal standards. The requirements include a mutual agreement to be married, continuous cohabitation, and publicly presenting as a married couple. The specific evidence needed depends on the laws of the state where the marriage began.
To prove these elements, a court considers various forms of evidence, including:
- Joint bank account statements
- Jointly filed tax returns
- Deeds to property owned together
- Insurance policies listing one another as a spouse
- Testimony from friends, family, and community members about the couple’s public reputation
Some couples may have signed a declaration of informal marriage in states like Texas, which serves as proof of their intent.
Legal Implications for Unmarried Cohabiting Couples in Indiana
Since new common law marriages cannot be formed in Indiana, unmarried couples who live together do not receive the same legal protections as married couples, particularly regarding property rights. Property acquired during a marriage is considered marital property subject to equitable division upon divorce.4Justia. Indiana Code § 31-15-7-4. Division of Property In contrast, cohabiting partners have no automatic right to property accumulated during the relationship; assets belong to the person whose name is on the title.
Inheritance rights are another area of distinction. A surviving spouse in Indiana has automatic inheritance rights, even without a will.5Justia. Indiana Code § 29-1-2-1. Estate Distribution Unmarried partners, however, have no legal claim to their deceased partner’s estate without a will or another estate planning document naming them as a beneficiary. Furthermore, unmarried partners lack the automatic authority to make medical decisions for an incapacitated partner unless a healthcare power of attorney has been established.