The Basics of Common Law Marriage Laws in Minnesota
It’s a sad fact that many people in Minnesota might ask about what they would need to do to proceed with a Common Law marriage in Minnesota. Why is it sad? Because back in 1941, Common Law marriage laws in the state were abolished.
What does that mean? It basically means that a Common Law marriage in Minnesota no longer is allowed. End of story.
What Was a Common Law Marriage in Minnesota (Before 1941)?
Back when marriage was more of a community institution rather than a legal institution, people simply cohabitated together for a certain period of time that can only be described as a long time and then declared themselves as married –
1. With No Legal Contract
2. With No Legal License
3. With No Witnesses
4. With No Actual Ceremony
Only their words mattered. Their promise to each other. That’s what a Common Law marriage in Minnesota was. And it was the same everywhere else.
That’s It? No Actual “Marriage Requirements”? : Common Law Marriage in MN
Oh, yes. The marriage requirements did exist back then (and still do for the few states currently recognizing and allowing Common Law marriage Minnesota).
1. The Marriage Has to Be Between a Man and Woman : Common Law Marriage in MN
2. The Two Parties Must Be Living Together for a “Long Time” : Common Law Marriage in MN
3. The Two Parties Must Openly Express Their Marriage to the Community : Common Law Marriage in MN
That’s why they called it a “Common Law” marriage in Minnesota. What a person believes can become law when it involves common law. That means no need for contracts, no need for paperwork or filing of paperwork to legitimize it. If you believe it, then it is.
Because of that, a Common Law marriage in Minnesota essentially had the same benefits and characteristics of a traditional marriage. The taxes would be the same. Tax benefits. Inheritances. They would all apply with a Common Law marriage in Minnesota just the same.
Why Was It Abolished? : Common Law Marriage in MN
Contracts ultimately legitimized the deal. Things like ‘prenuptials’ and other stipulations were added in as well. It essentially protected both parties in the event that one party would abandon the other.
In other words, if it’s not legally bound, one party can’t legally pursue the other for damages in the event that the marriage under Common Law marriage MN suddenly dissolved due to abandonment.
Traditional marriages basically held everything accountable – hence the reason for an ordained person and witnesses as well as the all-important marriage license. All valid marriage requirements today.
Other Things You Need to Know About Common Law Marriage in MN
Now don’t get me wrong: while Minnesota doesn’t permit those Common Law marriage requirements, it doesn’t mean that the state doesn’t recognize them.
Any state allows this mandate: if two people married under Common Law marriage in a state that allows such a marriage were to move to Minnesota, by law the state of Minnesota must recognize it as if it were a real marriage.
The marriage requirements would be there. A license would be drawn up. If you need legal advice and assistance, contact Minnesota lawyers.