Quick Guide to Common Law Marriage: Mississippi
Common-Law Marriage: Mississippi
Common-law marriage laws allowed the type of marriage up until 1956.
Common-law marriage in Mississippi is no longer recognized by the state, and until recently, the court would not consider property division settlements.
Now, Mississippi law on common law marriage still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.
Marriage Requirements in MS
Marriage requirements in the state disallow marriages with the following type of factors:
1. Incurable impotency
2. Adjudicated mental illness or incompetence of either or both parties (a guardian or friend may file suit within six months after marriage in such a case)
3. When either party is incapable of consenting to any marriage because of incapacity or age
4. The marriage was formed with force or fraud
5. Pregnancy of the wife by another person if the husband did not know of the pregnancy
6. A son cannot marry his grandmother, mother, stepmother, his legally adopted daughter, or his granddaughter, as well as a first cousin by blood
7. A father cannot marry his son’s widow, his wife’s daughter, his granddaughter, his daughter-in-law, or his niece (all of these conditions apply for females in the same degrees)
8. Same gender
9. Under the age of 17 unless both sets of parents or legal guardians allow
As you can see, marriage requirements disallow many types of marriage, but common law marriage laws will recognize the type of marriage in certain circumstances.
Determining the Validity of Common Law Marriages in Mississippi
Although there are few laws addressing common-law marriages in Mississippi compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:
The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common law marriage laws.
In order to validate the common law marriage in Mississippi, 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 Mississippi:
• 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 Georgia to recognize their common law marriage laws 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 Mississippi.
Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional according to common law marriage laws and influential court cases.
If couples in recognized common law marriage come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of MS may recognize such agreements.
If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.
Introduction
In the state of Mississippi, common law marriage is a form of marriage recognized by law. This type of marriage is often referred to as a “”marriage by habit and repute”” which means it is a marriage that is established by the couple living together and presenting themselves to the public as married. While a common law marriage offers certain legal benefits, there are also obligations that come with such a marriage.
Legal Definition of a Common Law Marriage in Mississippi
The legal definition of common law marriage varies from state to state. In Mississippi, a common law marriage is a marriage that has not been formally registered with the state but has been created through the conduct of the parties. The Mississippi Code defines common-law marriages as “marriages created by agreement and public recognition of the relationship.”
To establish a common law marriage in Mississippi, two essential elements must be met. Firstly, the couple must agree to be married, and secondly, the couple must present themselves to the public as married. This means that the couple should live together, share finances, and use the same last name. Additionally, the couple must hold themselves out as being married to their family, friends, and the community.
It is essential to note that the Mississippi Code states that common-law marriages can only be recognized if they were created before January 1st, 1957. After this date, the state no longer recognizes common law marriages, and couples must be legally married through obtaining a marriage license.
Legal Rights and Obligations
Couples that enter into a common law marriage in Mississippi have the same legal rights and obligations as couples who are formally married. These rights and obligations are critical when it comes to inheritance, property, and family law matters.
Inheritance
When a person dies without a will in Mississippi, their assets are distributed according to the state’s intestacy laws. If a person is in a common-law marriage, their spouse is entitled to inherit their assets as if they were formally married. However, if the couple is not in a common-law marriage, the spouse may not be entitled to any of the decedent’s assets.
Property
In a common law marriage, property ownership can become complicated. Under Mississippi law, there is no community property. Instead, any property that is held jointly by the couple must be proven to be owned by both partners. In cases where a former common-law spouse claims ownership of the property, they have the burden of proving that they have an ownership interest. This can be done through evidence of their contribution to the property, such as improving the home or paying the mortgage.
Family Law Matters
In Mississippi, common-law spouses have the same legal rights and obligations regarding children as formally married spouses. This means that they have the legal right to file for divorce, seek custody or visitation of children, and request child support.
However, common law spouses are not entitled to alimony or spousal support in the event of divorce. To be eligible for alimony, the couple must have formally married and have obtained a judgment of divorce.
Proving a Common Law Marriage in Mississippi
Proving a common law marriage in Mississippi can be difficult, and the evidence required may vary depending on the judge and court hearing the case. However, there are some key pieces of evidence that may help establish a common law marriage.
The first piece of evidence is the couple’s conduct. The couple must live together, share finances, and present themselves as married to the public. This may include things like having joint bank accounts, filing taxes jointly, and using the same last name.
The second piece of evidence is the couple’s intent. The couple must have an agreement to be married. This can be proven through showing evidence such as joint bank statements or a joint lease agreement.
The third piece of evidence is testimony from witnesses. Witnesses can testify to the couple’s behavior, such as referring to each other as husband and wife or engaging in activities that are traditionally associated with married couples.
Conclusion
In conclusion, common law marriage in Mississippi is a form of marriage that is recognized by law. For a common law marriage to be established, the couple must agree to be married and present themselves as married to the public. Common law spouses have the same legal rights and obligations as formally married couples, including inheritance rights, property rights, and family law matters. However, establishing a common law marriage can be difficult, and the evidence required may vary depending on the judge and court hearing the case. Couples who are considering a common law marriage should seek the advice of an attorney to understand their legal rights and obligations.
