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Common Law Marriage Michigan

Common Law Marriage Michigan

Quick Guide to Common Law Marriage in Michigan

Are Common Law Marriages in Michigan Legal?

The answer is yes, and no.

The state has not allowed a common law marriage in Michigan to hold validity since 1957, but numerous such marriages hold validity because the spouses are old enough, or their common law marriage is recognized by another state and jurisdiction.

In order to explain common-law marriages in Michigan, normal marriage violations need listing first:

• The marriage was between minors without proper consent

• There was insanity or a party was physically incapacitated to consummate

• The marriage was forced or a result of fraud

• There was bigamy involved

• The marriage was a same-sex marriage

• Either party has a known sexually transmitted disease and didn’t notify the spouse

• There is consanguinity involved

• The marriage was solemnized illegally by an unqualified person

Although the marriage violations listed above do not state anything about a Michigan law on marriage, the state will not recognize a common-law marriage in most cases.

As mentioned above, the state may recognize the common law marriage in Michigan if the couple sought such action in another state.

Determining the Validity of Common Law Marriages in Michigan

Although there are no laws addressing common-law marriages in Michigan, a court may consider the validity of the marriage upon two conditions:

The man and woman have signed the power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union.

In order to validate the common law marriage in Michigan, the court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects of the common law marriage in Michigan:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common law marriage requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Michigan to recognize their common law marriage in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common law marriage in Michigan.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional.

If couples in recognized common-law marriages in Michigan come to an agreement about the division of property in a future separation in an out of state jurisdiction, the state of Michigan will normally recognize such agreements.

However, common-law marriages in Michigan will only be recognized by the court if the agreement was no meretricious, or in other words, based upon the promise of sexual relations.


Common Law Marriage Michigan

Common law marriage is defined as a marriage that is considered legal in the eyes of the law even though there was no official ceremony or paperwork. Michigan is one of the few states that has abolished this type of marriage. This means that if you are living with your partner and are not legally married, you are not considered married under Michigan law. This article will explore the history of common law marriage in Michigan, how it was abolished, and what it means for couples in the state.

History of Common Law Marriage in Michigan

Common law marriage was recognized in Michigan until 1957. During this time, couples could claim that they were married if they lived together and presented themselves as husband and wife. This meant that they could file joint tax returns, share property, and legally adopt children. Common law marriage was especially common in rural areas of the state where it was difficult to travel to a courthouse to get married.

However, during the 1950s, there was a cultural shift in the United States that emphasized the importance of marriage licenses. As a result, many states began to abolish common law marriage. Michigan followed suit in 1957 when the state legislature passed a law that abolished common law marriage. This law stated that couples must obtain a marriage license and have an official ceremony in order to be legally married in the state.

How Common Law Marriage Was Abolished in Michigan

The law that abolished common law marriage in Michigan was called the Marriage Amendment Act. The act was introduced by Senator John H. Stamm and passed unanimously in both the Michigan Senate and House of Representatives.

The reason behind this law was to promote the importance of marriage and family stability. At the time, there was concern that common law marriage led to more cases of divorce and unstable family structures. By requiring couples to obtain a marriage license and have an official ceremony, the state believed that it would encourage couples to take the commitment of marriage more seriously.

What This Means for Couples in Michigan Today

Today, if you are living with your partner in Michigan and are not legally married, you do not have the legal rights and protections that come with marriage. This includes the right to inherit property, make medical decisions for your partner, and the ability to file joint tax returns. It also means that if you separate from your partner, you will not be entitled to spousal support or a share of their property.

However, there are still some legal protections available to unmarried couples in Michigan. These protections are based on contract law and can be established through a cohabitation agreement. A cohabitation agreement is a legal document that outlines the rights and responsibilities of each partner in the relationship. It can cover topics such as property division, financial support, and child custody.

It is important to note that a cohabitation agreement is not considered a marriage contract and does not make you legally married in the eyes of the law. However, it can provide some legal protection if the relationship ends.

How to Establish a Cohabitation Agreement

If you are considering a cohabitation agreement, there are several steps you should take:

1. Talk to your partner about the agreement: Before you begin drafting a cohabitation agreement, talk to your partner about your intentions and make sure you are both on the same page.

2. Hire an attorney: It is recommended that each partner hire their own attorney to review the agreement and ensure that their rights are protected.

3. Draft the agreement: The cohabitation agreement should be drafted by an attorney and should be tailored to the specific needs and circumstances of each couple.

4. Sign the agreement: Once both parties have agreed to the terms of the agreement, it should be signed in the presence of a notary public.

5. Keep the agreement up to date: It is important to review and update the cohabitation agreement regularly to ensure that it accurately reflects the current circumstances of the relationship.

Conclusion

Common law marriage was abolished in Michigan in 1957, meaning that couples must obtain a marriage license and have an official ceremony to be considered legally married in the state. However, unmarried couples can still establish legal protections through a cohabitation agreement. This document outlines the rights and responsibilities of each partner in the relationship and can be an important tool for protecting the interests of both parties. If you are considering a cohabitation agreement, it is important to consult with an attorney to ensure that your rights are protected.