Some people get married by having a marriage ceremony and obtaining a marriage license. Others simply hold themselves out as being married even though they have not had a ceremony or obtained a license. These individuals are said to have a common law marriage.

Several requirements must be met in order for individuals to have a common law marriage. First, both the would-be husband and would-be wife must presently intend to be married. Second, the would-be couple generally needs to live together. The time period varies from state to state. Third, the would-be couple must hold themselves out to third parties as if they were married.

When established, a common law marriage is legally no different than a formal ceremonial marriage. Thus, it impacts inheritance rights, taxes, and child legitimacy. It can also impact ownership of property; especially in community property states where property acquired during the marriage is divisible as community property in divorce proceedings. The spouses must formally divorce to terminate the common law marriage. Informal separation is not sufficient to terminate common law marriages.

Having discussed formal and common law marriages, we can now take a closer look at the legal significance of marriage. Specifically, let’s consider the legal rights and obligations that come with marriage. More specifically, let’s consider the ownership of property in common law states.