What you should know about common law marriage in Maryland

In many jurisdictions, long-term domestic partners may be considered “common law married,” a legal relationship that grants marital privileges and rights to a couple who has lived as though they were married and presented to the world as married. However, every state doesn’t recognize this relationship and any associated privileges. Whether Maryland recognizes common-law marriage is important to many, including residents, visitors, and couples considering moving to Maryland from a state that recognizes their common-law marriage.

Maryland does not recognize common law marriage. If you have concerns about your partnership, a Howard County family lawyer can help you understand your rights as half of an unmarried yet possibly legally entwined couple.

What is a common law marriage?

Right now, you may be thinking, “I’ve lived with my significant other for years. Did I accidentally marry them?” It is a valid concern, especially if you’re not sure you want to be legally tied to your partner, even though you love them.

The basis of common law marriage

Some people consider themselves married because of their long-term committed domestic partnership, while others may differentiate between religious and legal weddings. However, most religious weddings are accompanied by a legal sealing of the union. In several states, a couple can be considered married even if they do not have a marriage license or proof of a religious ceremony of marriage.

Legal recognition of common law unions

Maryland does not recognize common law marriage. In states that recognize common law marriage, the union is established when the couple lives together as a married couple. It presents to the public as being married to each other. Some jurisdictions may require the couple to have lived as married for a certain period, while others merely require that the couple present themselves as wed.

Rights and privileges of common law marriages

Once the couple’s jurisdiction recognizes the common law marriage, they are usually provided with the same privileges and rights as a married couple. This can impact their rights to community property, ability to make healthcare, and other decisions on behalf of their partner if they become incapacitated, and could affect their tax obligations.

Historical context and modern relevance

Historically, common-law marriages were permitted because immigrant couples may have no real record of their union. People moving to the U.S. to seek asylum may not have been able to keep their vital records. Or, perhaps, they came from a society without official papers stating that they were married to each other.

Common law marriages are less common now, as record-keeping has improved, although they’re still an option for many people.

Maryland does not recognize common law marriage

Only the District of Columbia and ten states (Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and New Hampshire) recognize common law marriages. Each state has its own requirements for a couple to be considered common-law married, so what constitutes a state of marriage in one state may not in another.

That being said, if a couple has created a valid common-law marriage in their home state, then that union is valid in Maryland.

How Maryland handles common law unions from other states

Although Maryland does not recognize common law marriage, it does recognize marriages established in other states. Although it doesn’t allow the establishment of a common-law marriage, it does extend state benefits and privileges to common-law married couples from other jurisdictions. Maryland Courts recognize the social importance of fostering stable family units and protecting the children of couples who divorce.

So, Maryland recognizes common law marriages that are legally established in other states as being valued marriages for divorce. This typically means that if a common-law-married couple moves to Maryland and decides to split up, the Courts will consider them as married regarding spousal support, child possession and support, and property and debt division.

Exceptions to Maryland’s out-of-state recognition of common law marriages

There are a few exceptions to Maryland’s recognition of common-law marriages:

If the circumstances of the marriage or the type of marriage is expressly prohibited by the Maryland Legislature or prohibited by Maryland law, then it is not recognized
If the marriage is considered repugnant to Maryland public policy, then it is not recognized

You may need an attorney to prove that your marriage is valid, and you may need legal defense if you and your spouse are accused of having a union that is repugnant to public policy. However, the state very rarely refuses to recognize marriages on these grounds.

Legal help for common law marriage in Maryland

If you’re considering splitting from your common-law spouse or unsure what your legal rights are if you’re common-law married, our Howard County divorce attorney can help you understand your options. Contact Coover Law Firm at (410) 553-5042 for a personalized consultation.