Is Common Law Marriage Valid in Minnesota?
Generally, Minnesota does not recognize common law marriage. A common law marriage is an informal union created by the conduct of two people who intend to be married. Common law marriages used to be quite common throughout the United States but can now be found in only 10 states. Minnesota is not one of those 10 states.
Common law marriages were once accepted in Minnesota but were abolished decades ago. The State Legislature determined that common law marriage presented unimaginable risks when it came to probate and inheritance. For example, if one person died, would a common law spouse receive any of their estate? The lack of formality for common law marriages made it difficult to leave anything to the surviving spouse, since there was no marriage license on which to base that fact . Or imagine an argument over the validity of a marriage that occurred some years in the past, when one party died intestate (without a will). That argument would be heard before a judge who would have to figure out if the marriage was true or not. With all these issues in mind, the State Legislature determined that the problem was too difficult and outright banned common law marriages in Minnesota in 1865.
There is a possibility that a common law union performed in another state could be recognized in Minnesota. In such a situation, Minnesota courts will look to the law of the state where the parties married, and will treat that marriage as valid if the marriage is held up under the law of the state where it was performed.
What is Common Law Marriage?
Common law marriage is a specific kind of marriage that was widely used for centuries through the 20th century. In fact, many people in their 50s or older may have parents or grandparents who had a common law marriage. However, common law marriages are now rare, and in Minnesota, they are obsolete. This is because Minnesota law no longer recognizes common law marriage. In fact, it hasn’t done so since April 19, 2011.
Common law marriage in general is a marriage recognized by some states (in Minnesota, it was only ever recognized by the state for a relatively brief period), formed when two people meet certain criteria over a specific period of time. Specifically, a common law marriage (which is different from a Cohabitation Agreement, or a "palimony" agreement) requires that the couple has demonstrated:
• The parties intend to be married to each other for life
• Cohabitation (they need not live together continuously, but it is generally expected that they will live together occasionally and even for certain spans of time)
• Agreement of parties to file joint federal tax and/or state income tax returns
• Parties present themselves as spouses to the world in general. For example, the agreement between the couple and others should be as spouses. They may use the term "spouse" when answering questions about who they are. Other signs they are living as a married couple could be sharing a home, having joint finances and/or socializing with friends and family as committed partners.
Historically, common law marriage was unique to a surprising number of states. But beginning in the 20st century, it began to wane. Now, it only exists in states like Colorado, Iowa, Montana and Kansas.
Most people can tell you how they got married, which is that there was a legal marriage license obtained and the wedding ceremony performed. It was a unique experience for two special people. A common law marriage is different because it involves more than just a singular event or even a series of events. It’s different in that those people genuinely moved their lives toward marriage, likely aiming to become legally married – perhaps even intending to be married for life. But with "deference to the institution of marriage", the two people were considered legally married after showing the above intent and actions for a given period of time.
In Minnesota though, the practice of common law marriage is obsolete. It is no longer possible for a common law marriage to arise in Minnesota, regardless of the fact that recent amendments to Minnesota law did not have retroactive effect. So no matter what they did, the relationship could not be considered a common law marriage and in the eyes of the state, they were not legally married. This is an important distinction if one looks at the elements of common law marriage because both partners expected to be married for life and deliberately combined efforts, resources and finances. They also likely relied upon each other for financial and perhaps even physical or medical assistance.
Non-Recognition in Minnesota Explained
For most, the thought of being in a common law marriage is rather troubling. Without "the ring," without the "I do," and without the lovely reception dinner to follow, your marriage isn’t "legal." As we’ve already covered, Minnesota does not recognize common law marriage. But, why should you care? Isn’t this just one less thing to worry about? Doesn’t Minnesota being one of few states which doesn’t recognize a common law marriage give residents a sense of peace of mind that they will always be defined as a "single" individual? However, it’s just the opposite.
What happens to Minnesota residents who have been living under the pretense of being in a common law marriage? What about those who have lived with their "significant other" for upwards of several decades and have formed a family unit with children? To be clear, there are five criteria elements used to establish a common law marriage: cohabitation, intentional present expression of intent to marry, public representation of the parties as husband and wife, sexual relations and capacity to marry.
The most troublesome criterion for Minnesota residents, and why many may still be feeling slightly uneasy about whether they are or are not in common law marriages, is the concept of "intent." Intention is usually found through the parties’ contemporaneous expression of consent to be married, such as through their verbal or written statements, or how the parties hold themselves out to the community. However, if your mutual intent to be married does not meet Minnesota’s stringent legal requirements, then you may not qualify as common law married individuals, regardless of how long you have resided as a couple.
What are the implications of this? For example, in the case of In the Matter of the Estate of Peters (Peters), the decedent in the case did not have any indication he was married, as evidenced by his Will, where he listed eleven people (two of which were his siblings) who were to receive his father’s estate, but did not include his "spouse." Therefore, heirs contested the decedent’s marriage and sued for inheritance.
In Peters, the Court of Appeals of Minnesota reversed the district court decision and determined that Peters and Marks, who lived together for almost thirty years, were not legally married, stating "intent to marry is a question of fact to be determined by the finder of fact, i.e., the trier of fact. Essentially, we will not disturb the district court’s findings unless they are clearly erroneous." The appeals court found it was "not clearly erroneous to conclude…Marks’ testimony that Peters was her husband, as well as the fact that Peters referred to Marks as his spouse in several documents, were insufficient to constitute clear and convincing evidence of intent to be married." Because their intent to be married was insufficient to constitute a legal determination of their common law marriage, Peters and Marks were not common law married.
This decision highlights a surprisingly severe implication of Minnesota’s non-recognition of common law marriage; if the marriage is not recognized, the surviving spouse will not have the same legal rights and protections as a general surviving spouse. Namely, the surviving spouse cannot inherit property and assets owned by the deceased spouse. In Peters, Peters’ heirs will receive the estate instead of his twenty-year-long partner, Marks. This seems unjust, disheartening and quite unfortunate in a world that is constantly changing, adapting and updating with the times, many of which break the traditional mold of family and marriage.
Alternatives to Common Law Marriage in Minnesota
Although Minnesota does not recognize common law marriages, there are legal alternatives for couples who want the same marital rights without the nuptials. One of those options is entering into a domestic partnership agreement. It’s a written contract between two people who claim to be domestic partners, which establishes their intent to live together and be in a committed, caring relationship. This cohabitation agreement can also be used to establish financial responsibilities and the length of the relationship. The agreement can be vague or very specific. Entering into a domestic partnership agreement has no effect on property acquired before or after you sign the contract or your ability to make medical decisions for one another.
Cohabitation agreements offer the same convenience. The purpose behind a cohabitation agreement is to clarify financial responsibilities if the couple separates. While cohabitation agreements are generally enforceable, there are some restrictions on what can be included in the agreement. For example, cohabitation agreements cannot be enforced for sexual favors.
Securing Your Rights without Common Law Marriage
Fortunately, individuals and couples do not need to get married to protect their rights. Below are a few of the options available to Minnesota residents.
Wills
A will is a tool that is favored by the legal system because it is accepted as an expression of an individual’s wishes. No other legal tool is as persuasive in most cases. It is a very limited tool and should be considered only in the context of all other planning tools.
Living Together Agreements
A living together agreement is a way for unmarried couples to list the terms of your relationship, such as financial support, property rights, custody and visitation with children, and much more. Living together agreements may help reduce confusion and conflict if a couple’s relationship ends .
Property Agreements
Couples may enter an agreement as to how they want to hold title to their home or other real estate. In Minnesota, couples can hold title as joint tenants, joint tenants with full rights of survivorship, or tenants in common. A joint tenancy means that both owners own the property together and have equal rights to use and occupy the property. Upon the death of one owner, title passes to the remaining owner. A joint tenancy with full rights of survivorship means that ownership of the property passes to the other owner or owners upon the death of the owner. Tenancy in common means that each owner owns an undivided interest in the entire property. Upon the death of one owner, the deceased’s share passes under state law of intestate succession or according to a will.
Interstate Considerations and Common Law Marriages
If you and your spouse enter into a common law marriage – in, say, New Jersey, Ohio, Colorado, Pennsylvania, Georgia, Alabama, or Nevada – how would Minnesota handle that marriage if you moved to Minnesota? By default, most states follow the "domicile rule." That means that the law of the state where you live when you get divorced governs your divorce, including any spousal maintenance (alimony) payable as a result. But the tie to that place may not last forever. Minnesota does not recognize common law marriage, but it does recognize common law marriages entered into in other states. So if you were married in New Jersey, and you and your spouse then moved to Minnesota and invited Minnesota to recognize that marriage, Minnesota would generally defer to New Jersey’s definition of marriage and recognize your marriage. No matter how long you lived in Minnesota, Minnesota has us let that New Jersey marriage stand. But that neat rule unraveled earlier this year in a case involving a same sex couple married in New Jersey. From 2007 until 2013, both were citizens and residents of New Jersey. They were married there in 2011 and moved to Minnesota in November 2013. In February 2016, they filed for divorce in Minnesota, which has no legal recognition of same-sex marriages. The district court applied the old rule and, while deferring to New Jersey law, found that these parties had no recognized marriage and so no right to seek divorce in Minnesota. The Minnesota Court of Appeals reversed: Because Minnesota was the "domiciliary" state with the most significant relationship to the parties at the time they filed for divorce and because the state of domicile "maintains the closest nexus to the question of marital status," the Court remanded the case to determine spousal maintenance (alimony) and other financial support. Minnesota does recognize a common law marriage under very strict circumstances: If 2 people of the opposite sex have lived together in Minnesota, and have held themselves out as being married to each other, and have been doing so for at least 7 years, then and only then will Minnesota recognize a common law marriage. But if a couple enters into a common law marriage elsewhere, and moves to Minnesota before the marriage is for even 7 days, that also-monogamous couple will be respected in their choice to divorce even if Minnesota doesn’t recognize common law marriage.
Seek Professional Guidance for Relationship Matters
Individuals living in unmarried cohabitation do not automatically fall under the legal parameters concerning common law marriage. A couple may have been living together for several years, share responsibilities, finance, property ownership or parenting responsibilities, and still not be legally married. Because common law marriage is a gray area with regard to legalities , it is best to consult with an experienced family law attorney regarding your situation.
The best thing to do if you are in a long-term relationship without living as a couple is to decide your status and be committed to that decision. You should then make other decisions on how to live your individual lives together. A family law attorney will help define what you need to know about your rights and responsibilities as an unmarried couple in Minnesota.