What Is Common Law Marriage?
Common law marriage is the formation of an otherwise-valid marriage through the actions of the parties involved, rather than a ceremony such as a marriage license. While many people that are common law spouses have the mistaken belief that you go to court to prove the marriage, common law marriages are created because no court action is needed. A common law marriage can actually be formed before the couple is even aware that they are forming a marriage.
Common law marriage stems from several old common law traditions in England. The English wanted to encourage procreation and childbirth , so it recognized the validity of a marriage by holding citizens to their declarations of commitment to each other. Once they made such a declaration, they were not permitted to move to another with another member of the opposite sex, even if the couple never had a formal wedding ceremony.
In Utah, common law marriage is not recognized. Some think that this means that unmarried couples must have a ceremony to be married, but that is not the case. What it means is that there is no such thing as a common law marriage in Utah, and if you think you are in a common law marriage, you probably are not.
Is There Common Law Marriage in Utah?
The short answer is that Utah does not recognize common law marriage. However, there are a few specific scenarios in which the state does recognize what is commonly referred to as common law marriage.
For a relationship to qualify as a valid marriage, the state requires numerous legal stipulations to be fulfilled. There are also multiple ways in which the state can make exceptions to its definitions of what constitutes a legal marriage.
Section 30-1-4.5 of Utah Law provides context for how the state will define a common law marriage as "an otherwise valid marriage" that "is subject to the same laws applicable to ceremonial marriages between a man and a woman." For this to be the case, there are a number of stipulations that need to be met: If the outcome of this process is that the state determines a couple has qualified for a common law marriage, that couple will, in the eyes of the law, be considered married in Utah. This could qualify the couple for exemptions on tax returns and social security, as well as provide them the legal rights and protections applicable to married couples throughout the state.
What’s Required for a Common Law Marriage in Utah
To establish a common law marriage in Utah, there are certain legal requirements and criteria that must be met. These elements are not always easy to prove, especially if the couple has had minimal interactions with legal authorities. Nevertheless, here are the main factors that can result in a common law marriage in the state of Utah:
• The parties must be of age. In Utah, only people who are at least 18 years old can enter into a common law marriage. This means that people who are under 18 cannot meet this requirement.
• The couple must have the proper mental capacity to be legally allowed to marry. This means that they can fully consent to the marriage.
• There must have been at least some sort of public and private conduct showing that the parties intended to be married. Specifically, they must have publicly and privately declared their intent to be married and behaved in a manner that indicates they are married (such as filing joint taxes and having bank accounts and mortgages together).
• The couple must have been cohabitating in Utah for the entire time they have been presenting themselves as a married couple, and must have the intention before and after the commencement of cohabitation of being a married couple.
There are some other situations in which a couple could be considered married, even if these primary legal requirements are not met, including circumstances in which they enter into a consensual marriage, or a couple who is otherwise legally married gets divorced yet continues to live together.
Advantages and Disadvantages of a Common Law Marriage in Utah
According to Utah Code Ann., 30-1-4.5, a common law marriage is recognized in Utah, thus granting the couple many of the same benefits of a traditional marriage. One of the most significant benefits is that the couple is entitled to have their union treated as an official marriage equivalent, regardless of where the marriage took place, as long as the marriage formation complied with the general guidelines and requirements set by Utah law. Another benefit is that a common law spouse enjoys the same benefits under state laws in areas like inheritance and tax liability.
While there are many benefits of a common law marriage in Utah, there are also some limitations. For instance, a couple who is married under a common law arrangement has some restrictions when it comes to divorce. Specifically, the couple must file for a Declaration of Invalidity and cannot file for divorce until the court deems the marriage to be invalid. Many couples, however, take the risk of proceeding without the declaration if the judge is reasonably assured that the couple was married under common law.
Additionally, a couple should recognize that a common law union doesn’t grant the same rights and responsibilities as a formal divorce. For example, a common law spouse will have difficulty collecting alimonies or spousal support. Common laws marriages in Utah do not allow for joint tax filings either.
How To Prove You’re in a Common Law Marriage in Utah
To prove a common law marriage, a five-step process must be established. The following are the five legal requirements for common law marriage in Utah. To begin, Co-habitation in Utah requires that both partners have resided in Utah together for a specified period of time, an agreed amount of time. Then, the parties must both display an intention to be married and be of legal age. Once the parties have those requirements met, they must both freely exchange consent of the marriage and hold themselves out as a married couple to the public. When parties are trying to prove a common law marriage in Utah , the courts are usually looking for evidence that the parties intended to be legally married and evidence such as tax returns, birth certificates, bank statements, and other documentation supporting the parties intent to be legally married. Additionally, testimonies of family and friends who are familiar with the relationships are typically helpful when establishing the evidence needed to prove a common law marriage in Utah.
Common Law Marriage Myths
Misconception: If you live together for 10 years, you’re considered common law married in Utah
Truth: "common law" marriage has not existed for some time in Utah and the number of years you reside together would have no affect in determining your marital status.
Misconception: Getting married after living together is regarded as a "divorce trap" to separate from past relationships
Truth: your credit score and financial status are both considered when dividing property in divorce, and therefore even if you were married after starting to date, there will not be a major advantage to either party because the length of your relationship may be in question.
Misconception: once you live together for such a long time, an informal relationship like common law marriage is necessary for you to divide property in accordance with Utah law.
Truth: Utah courts are obligated to divide property acquired during the marriage regardless of whether you lived together informally prior to the marriage.
Legal Help
It is always prudent to seek the advice of a qualified attorney when dealing with any legal issue, including issues related to common law marriage in Utah. Of the three states in the country that still recognize common law marriage, Utah has the most substantial body of law on the subject. This is due, in large part, to the fact that a common law spouse in Utah is entitled to all of the legal benefits of a traditional spouse when it comes to insurance coverage, benefits, social security, inheritance, tax deductions and divorce.
Utah is unique among the states that recognize common law marriage because it allows common law spouses to file for divorce as well as inherit from each other. Although the other states that still recognize common law marriage (Colorado and New Hampshire) have no provisions for divorce, Utah does have a provision for that. Therefore, in Utah, once a couple has established a common law marriage and lived together for three years, they just dissolve that union in a court of law and proceed as traditional spouses would when dissolving any other unlicensed marriage. Utah is highly specific about the requirements within its law , and the consequences are significant.
The options available for consumers seeking legal advice or assets regarding common law marriage in Utah include the following:
Utah Code Annotated 2004 Section 30-1-4.5 (Common Law Marriage)
Utah State Bar Association
Common-Law Marriage, Ken Garff Marriage & Divorce Law, LAWS.COM
Marriage, Legal Information Institute
Common-Law Marriage, Nolo’s Plain-English Law Dictionary
The Guide for Seniors References to Legal AID
Common Law Marriage in Utah
Utah Legal Services
Legal Aid Society State by State
Common-Law Marriages
Marrying, Divorcing and Surviving: A Legal Guide for New Hampshire & Massachusetts
Legal Help from the New Hampshire Supreme Court
LawHelp.org – New Hampshire
Common Law Marriage Not Recognized in State of Texas
LawHelp.org – Texas
Common Law Marriage
West Virginia Legal Services
Common Law Marriage Legal Aid
Common-Law Marriage
Wisconsin Equal Rights Division