Common Law Marriage Louisiana: Understanding the Unique Legal Landscape
Introduction
Common law marriage, also known as informal marriage, is a legal arrangement recognized in some US states, including Louisiana. According to a survey conducted by the Pew Research Center, cohabitation without marriage has become increasingly common in the US, with the percentage of adults cohabiting rising from 13% in 2007 to 18% in 2016. In Louisiana, common law marriage is recognized as a valid form of marriage, just like traditional marriage.
However, common law marriage is a complex legal issue, with different states having varying legal requirements. In this article, we explore the legal landscape of common law marriage in Louisiana, including its history, requirements, and modern-day applications.
A Brief History of Common Law Marriage in Louisiana
The concept of common law marriage dates back to the Middle Ages in England, where it was used to provide legal recognition to couples who could not legally marry due to various reasons, including religious or social barriers. When English colonists settled in America, they brought the concept of common law marriage with them.
In Louisiana, common law marriage dates back to the Spanish colonial period, which started in 1769. The Spanish government recognized common law marriage as a way of legitimizing the union of enslaved individuals who could not marry legally due to their status. In 1805, Louisiana became a US state, and common law marriage continued to be recognized as a valid form of marriage.
However, in 1997, Louisiana amended its Civil Code to remove common law marriage as a recognized form of marriage. The amendment was made in response to a case (Richard v. Richard) in which the state Supreme Court held that common law marriage could not be used to claim certain benefits, including workers’ compensation.
Despite the removal of common law marriage in the state’s Civil Code, Louisiana still recognizes common law marriage under certain circumstances.
Requirements for Common Law Marriage in Louisiana
Unlike traditional marriage, which requires a marriage license and a formal ceremony, common law marriage in Louisiana does not require a license or a ceremony. Instead, common law marriage is established through the couple’s conduct and agreement to be married.
To establish a common law marriage in Louisiana, the couple must meet three primary requirements:
1. Cohabitation: The couple must live together as spouses. This means they must share a residence and present themselves to others as a married couple.
2. Capacity: The couple must have the legal capacity to marry. This means they must be of legal age, not already married, and not related to each other by blood or adoption.
3. Agreement: The couple must agree to be married. This means they must have a mutual understanding that they are married, and they must hold themselves out as a married couple to others.
It is important to note that Louisiana has a strong presumption against common law marriage. This means that simply living together as a couple for a certain amount of time does not automatically create a common law marriage. The couple must have the intention to establish a marriage-like relationship and hold themselves out to others as married.
Benefits and Protections of Common Law Marriage in Louisiana
While common law marriage does not require a license or a formal ceremony, it provides many of the same benefits and protections as traditional marriage. In Louisiana, a common law spouse is entitled to the same legal protections and benefits as a traditional spouse, including:
1. Community Property: In Louisiana, spouses in a traditional or common law marriage have equal rights to community property, which includes all assets and debts accumulated during the marriage.
2. Inheritance Rights: Common law spouses have legal inheritance rights in Louisiana, even if the deceased spouse did not have a will.
3. Social Security Benefits: Common law spouses are entitled to Social Security benefits if they meet certain requirements, including living together for a certain amount of time.
4. Medical Decisions: Common law spouses have the legal right to make medical decisions on behalf of their partner if they are unable to do so.
5. Spousal Support: Common law spouses may be entitled to spousal support if the relationship ends.
Conclusion
Common law marriage in Louisiana is a unique legal arrangement that requires the couple to cohabit, have legal capacity, and agree to be married. While common law marriage was removed as a recognized form of marriage in Louisiana’s Civil Code, it is still recognized under certain circumstances.
Common law marriage provides many of the same benefits and protections as traditional marriage, including community property, inheritance rights, and social security benefits. However, it is important to note that establishing a common law marriage can be challenging, and the state has a strong presumption against it.
In conclusion, common law marriage is a complex legal issue that requires careful consideration and planning. Couples who are considering common law marriage in Louisiana should seek legal advice to fully understand their rights, obligations, and protections under the law.
A brief guide to common law marriage in Louisiana
Along with Washington D.C., there are only ten states that legally recognize common law marriage.
However, common law marriages in Louisiana are not recognized by judges or the court system.
Therefore, if you move from another state in which this arrangement is valid, you may need to consider the possibility of getting formally married.
Louisiana’s law on common marriage is not recognized for many reasons. States which allow for this arrangement require several conditions from people in this kind of relationship:
• Spouses who are in this kind of relationship must both present themselves to other people on a regular basis as husband and wife. However, doing so will still not lead to the validity of common law marriages in Louisiana being recognized.
• Both spouses must be able to legally marry, meaning that they are both of age, in good mental condition, and not too closely related. However, meeting all of these requirements still not allow for a common-law marriage in Louisiana to be recognized.
Spouses who are involved in this kind of benefit are allowed all the same benefits as those who have a formal marriage certificate, such as filing joint tax returns. However, couples who wish to enter into common-law marriages in Louisiana to take advantage of such rights will not be able to.
It is important to note that if you have entered into this kind of relationship in another state, it may be possible to preserve your status if you move.
While common law marriage in Louisiana is not an option for those who are already residents, the court system will generally recognize such an agreement if it has already been initiated in another state.
Couples who move to the state and then wish to obtain a divorce may have some difficulty establishing the validity of their relationship.
Since common-law marriages in Louisiana will only be recognized if they were established in another state, a spouse who seeks alimony payments or couples who have minor children will need to establish the prior recognition of their status.
This frequently will require calling in witnesses who can testify that both husband and wife presented themselves as such. Arranging transportation for these witnesses to confirm common-law marriages in Louisiana will add to the expense of divorce proceedings.
Another concern you may have if involved in this kind of relationship involves the handling of your assets after your death.
Since common law marriage in Louisiana is not recognized, your property will not be automatically be inherited by a spouse. To ensure that your wishes regarding inheritances are respected, it is best to draft a will detailing how you wish for your assets to be divided.
This way, even though spouses may have difficulty establishing their rights to inherit as members of common law marriages in Louisiana, they will still receive their fair share of your estate without having to establish the relationship in probate court.
