MICHIGAN.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY.
close banner
Michigan State Records
state records colored logo
LOGIN
CONTACT

Michigan Common Law Marriage

What is a Common-Law Marriage in Michigan?

Common-law marriage describes a situation where two persons live together and present themselves as a married couple without receiving a marriage license or performing a traditional marriage ceremony. Common-law married partners live and share responsibilities as a married couple, and enjoy benefits typically ascribed to traditional married partners. In the US, only the capital and a few states recognize common-law marriages. Some of these states include South Carolina, Iowa, Utah, Montana, Colorado, and Kansas.

A common-law marriage allows couples to enjoy marital benefits while circumventing requirements and financial costs associated with a traditional wedding. In states like Texas, common-law married persons have the same rights as traditionally married partners. Some of these include:

  • The right to social security
  • Child custody
  • The right to owned property
  • The right to make an emergency medical decision on behalf of a partner
  • The right to hospital visitation
  • Jail visitation rights
  • Spousal support
  • Tax deductions or exemptions

Nevertheless, common-law marriages have some disadvantages, regardless of their similarities with conventional marriages. These include:

  • Common-law marriages are difficult to prove as there is no presumption of existence. If there is no official or state-sanctioned document attesting to its existence, parties may be unable to access legal benefits as required.
  • Requirements may differ between states. In addition, common-law married couples who leave the United States may have trouble with establishing the existence of their marriages if they do not formalize the union according to the laws active wherever they now reside.

Marriage in Michigan

In 2018, Michigan had a marriage rate of 11.3 marriages per 1,000 residents and a divorce rate of 5.6 divorces per 1,000 married couples. A 2019 survey of the state's population aged 15 years and older showed that 49% of males were married, compared to 48% of females. The survey also showed divorce rates among males and females at 11% and 13%, respectively.

Does Michigan Recognize Common Law Marriage?

Michigan does not recognize common-law marriages created in the state. However, in compliance with the US constitution's Full Faith and Credit Clause, the state recognizes common-law marriages established in other states that allow their creation. Common-law marriages were outlawed in Michigan in 1957. Nevertheless, the state recognizes these unions if the parties can prove that they had entered a common-law marriage before the ban. In place of a common-law marriage, Michigan residents may consider establishing a cohabitation agreement. Although a cohabitation agreement is similar to a prenuptial agreement, the latter is exclusive to traditional marriages.

What is a Cohabitation Agreement in Michigan?

A Michigan cohabitation agreement is a legal agreement between two persons who live together and share assets and responsibilities. The agreement is essentially a binding contract that contains specifics on asset sharing in the event that the relationship ends and the parties go their separate ways. A couple can establish a cohabitation agreement at any time during their relationship. The agreement should contain specifics on the following:

  • Each existing property, ownership percentage, and type of ownership. For example, real estate property may have descriptions designating both persons as joint tenants, joint tenants with right of survivorship, or tenants in common
  • Sharing formula for all income, expenses, and debts
  • Ownership description for all newly acquired property
  • Management of investment brokerage and bank accounts.
  • Management of loans, credits cards, insurance policies, and other financials
  • Method of asset distribution if the couple separates
  • Possible buyout provisions
  • Method of solving property disputes
  • Penalty for violation of the agreement

Although mostly unenforced, Michigan law forbids cohabitation between unmarried persons. According to Section 750.335 of the Michigan Penal Code, any party who lewdly or lasciviously associates or cohabits with another person who is not their legal spouse is guilty of a misdemeanor. Violation is punishable by a fine of not more than $1,000 or imprisonment for not more than one year. However, the act provides a statute of limitation for prosecution. The law states that prosecuting a violator is impossible after one year from the time of the offense.

Michigan Common-Law Marriage and Palimony

Although the state of Michigan does not recognize common-law marriages, it supports cohabitation agreements. Interested parties may also be able to access some form of spousal support in the form of palimony payments. Palimony deals specifically with claims between unmarried cohabitants who end a relationship after a considerably long time together. However, Michigan law does not expressly support palimony, making it difficult to submit a successful claim. Where one party believes a case can be made, the claimant must present legal proof of an established and prearranged financial agreement between both parties. Any evidence of economic dependence from the claimant to the other party may also increase the chances of receiving palimony. In addition to a predetermined financial agreement, the court rules on palimony claims with the following in consideration:

  • Length of the relationship
  • Promises made between both parties if provable
  • Whether or not the plaintiff is capable of personal financial support
  • Cohabitation
  • The health of both parties
  • Any commitment that involves one partner being a financial caregiver to the other
  • Any sacrifices made by one partner for the other's benefit
  • Income disparity
  • Both parties' needs
  • Each party's ability to work

Since Michigan does not specifically support palimony, no simple legal provision can lead to a quick resolve for unmarried persons with a cohabitation agreement. However, the court may order palimony payments after carefully considering the above factors.

What are the Requirements for a Common Law Marriage in Michigan?

Following a 1957 ban, common-law marriages are invalid in Michigan. However, the state recognizes common-law marriages if the union between the couple meets the following requirements:

  • The couple established their union in a state where common-law marriages are still valid
  • The couple established their union in Michigan before the 1957 ban
  • The couple meets the legal requirements for a common-law marriage in the state it was established
  • The couple cohabited in the state where the common-law marriage was established

Common-law married couples moving into Michigan must also do the following for full legal recognition:

  • Draft a durable power of attorney which allows each party to represent the other in the event that one of them is deceased or becomes incapacitated
  • Draft a medical power of attorney that allows each party the right to make medical decisions for the other person if said person is unable to

How Many Years Do You Have to Live Together for Common Law Marriage in Michigan?

Michigan law does not provide for common-law marriages. However, the state recognizes a common-law marriage from another state if the union meets the requirements applicable in that state. Notably, Texas has no durational cohabitation requirement for common-law marriages.

What Does It Mean to Be Legally Free to Marry in Michigan?

A person who is legally free to marry in Michigan has met the state's requirements for receiving a marriage license. Each person who is legally free to marry in Michigan must:

  • Be at least 18 years. According to Section 551.103, younger persons who are not less than 16 years old may marry with the written consent of at least one parent or legal guardian
  • Have the mental ability to understand what a marriage is and be capable of performing their responsibility to their partner
  • Provide willful consent to the marriage
  • Not be related to the other party according to sections 551.3 and 551.4
  • Not be in an undissolved marriage with a living spouse

What Is an Informal Marriage in Michigan?

"Informal marriage" and "common-law marriage" are terms that mean the same thing. Section 2.401 of the Texas Family Code specifically provides for an informal marriage instead of a common-law marriage. Regardless, both terms describe the same non-traditional union between eligible partners who meet the state's requirements.

How Do You Prove Common-Law Marriage in Michigan?

Proving a common-law marriage is best done by presenting a written agreement or another satisfactory document as evidence. Since common-law marriages are not recognized in Michigan, the party with the burden of proof may submit a signed and notarized affidavit from the state where the union was established. For example, a couple that entered a common-law marriage in Texas may present a Declaration of Informal Marriage signed by both parties.

Michigan also requires common-law couples in the state to obtain a power of attorney, which gives each party the ability to speak for the other party in legal matters. There should also be a medical power of attorney allowing one party to make medical decisions on behalf of the other party. Where required, persons may also provide these documents as proof of a common-law marriage.

In cases where no affidavit, declaration, or power of attorney is available, parties may provide the following documents as proof of the union:

  • Documents evidencing joint bank accounts, joint credit accounts, or joint tax returns
  • Rental agreements with both parties named
  • Documents evidencing joint financial decisions made by both persons, such as loans and mortgages
  • Documents showing that both partners use the same surname
  • Statements from friends or family members attesting to the union

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Enforce a Cohabitation Agreement?

To enforce a cohabitation agreement, either party may tender the agreement to the court. However, the judge may consider the following factors in addition to the agreement's specifics:

  • Each party's signature on the agreement
  • Any tenable evidence that each party either hired an attorney before entering the agreement or declined to engage an attorney before signing
  • The provisions that require enforcement are included as part of the agreement in writing instead of an oral agreement or an implied contract

Members of the public should note that parties may not include specifics on child custody, visitation, or support for children born of the couple. Since such provisions require a court proceeding, their inclusion on a cohabitation agreement may render the agreement invalid.

How Do You Prove Common-Law Marriage in Michigan After Death?

The surviving spouse may provide documents that substantiate the existence of common-law marriage. An affidavit, declaration, or similar document signed by both spouses before the death, may suffice. Michigan courts may also consider family and close friends who can provide testimonies that corroborate the existence of a common-law marriage.

Do Common-Law Marriages Require a Divorce?

If a common-law marriage is considered valid in Michigan, ending the union requires a divorce. Since Michigan is a no-fault divorce state, Section 552.6 states that the party filing for the dissolution only needs to claim that there are irreconcilable or irreparable differences between both partners. However, a judge may consider faults during the marriage if the divorce is contested, involves alimony, or involves property sharing.

Michigan has residency requirements for a divorce filing. According to Section 552.9, parties may only receive a judgment of divorce if the complainant or defendant has lived in Michigan for at least 180 days immediately preceding the filing. Furthermore, the complainant or defendant should have lived in the county of filing for at least 10 days immediately preceding the filing.

Does A Common-Law Wife Have Rights in Michigan?

A Michigan common-law wife has rights as Michigan provides marital benefits to persons in common-law marriages that are validated by the state. A common-law wife that can prove the existence of such a union may be eligible to receive spousal benefits accessible by married couples. Such benefits may include inheritances or property rights if the partnership ends or the common-law husband is deceased.

Can a Common-Law Wife Collect Social Security in Michigan?

A Michigan common-law wife may collect social security if the marriage was established in a state that recognizes such a union, and the couple meets Michigan's requirements. If eligible, the claimant must submit a Statement of Marital Relationship Form along with a statement from a person related by blood. Eligible persons must be within three months of age 62 or older at the time of request. Parties may make online requests, visit a local social security office, call (800) 772-1213 or TTY (800) 325-0778. Applicants must provide required information, including the following:

  • The couple's names
  • Residential information, including city or town, and state
  • The month and year both parties began cohabiting
  • Information on children born to the couple, including the name, date of birth, and place of birth of each child
  • Names of close relatives who knew about the relationship
  • Names of neighbors and employers who were aware of the relationship

The applicant may also need to provide a birth certificate or other acceptable proof of birth, divorce decree if applicable, proof of US citizenship or other proof of legal alien status for persons not born in the US. In addition, the Social Security Administration (SSA) may ask for self-employment tax returns for the previous year, W-2 forms, or both.

Are Common-Law Wives Entitled to Half in Michigan?

Michigan common-law wives are not automatically entitled to half. Since Michigan is an equitable distribution state, courts will try to divide all assets and property in the most fair and equal way possible. In the event of a divorce, Michigan groups all sharable property as marital assets or separate property.

Marital assets refer to property acquired during the couple's marriage until the date of separation. On the other hand, separate property refers to property owned by either spouse before the marriage. To apply equitable distribution during a divorce, courts decide which assets qualify as marital assets and separate property. A fair market value is then placed on each asset before the division. Typically, courts consider the following when enforcing equitable distribution:

  • The cause of the divorce
  • The source of each property
  • Each spouse's input into the acquisition of each asset
  • Financial stability of each spouse
  • Any available insurance policies
  • The length of the marriage
  • Each spouse's pension and retirement benefits

How Do You Get A Common-Law Marriage Affidavit in Michigan?

A common-law marriage affidavit is only obtainable in states that recognize such arrangements. Therefore, common-law married persons seeking an affidavit must request from the state where they established the union.

When Did Common-Law Marriage End in Michigan?

Michigan ended common-law marriages in 1957. Before then, the state fully recognized unions between persons cohabiting and agreeing to present themselves as married. Michigan's first attempt to discourage common-law marriages was in 1838 when a new law restricted marriage solemnization to justices of the peace and ordained ministers of the gospel. However, Michigan later changed the law to specify that no marriage would be valid without the couple first obtaining a marriage license.

What is Considered Common-Law Marriage in Michigan?

Michigan only recognizes common-law marriages established in other jurisdictions with applicable laws, or such partnerships established in Michigan before 1957. According to Section 551.103, a valid marriage requires applying for and receiving a marriage license from a Michigan county clerk. All other marriages, except those entered into before 1957, are considered invalid.

Does the Federal Government Recognize Michigan Common Law Marriages?

The federal government only recognizes common-law marriages in the following jurisdictions as of 2021:

  • Montana
  • South Carolina
  • Texas
  • Utah
  • New Hampshire
  • Iowa
  • Kansas
  • Colorado
  • Rhode Island
  • District of Columbia

In certain cases, if the unions were established before a specific date as provided by each state's law, the federal government also recognizes common-law marriages in

  • Ohio
  • Pennsylvania
  • Idaho
  • Georgia
  • Alabama
  • Oklahoma

All common-law marriages outside of these specifics are considered null and void.