Common Law Marriage in New Jersey: Everything You Need to Know
While many states in the United States recognize common law marriage, New Jersey is not one of them. Common law marriage in New Jersey is not recognized or validated, meaning that no one can legitimately enter into a common law marriage in the state. However, couples who have lived together for a significant amount of time without getting married may have certain rights and legal protections.
Understanding Common Law Marriage
Common law marriage is an arrangement between two individuals who live together and hold themselves out to be married without obtaining a formal marriage license. Typically, the two individuals must meet certain criteria, such as agreeing to be married, living together for a certain amount of time, and presenting themselves as married to others.
In states where common law marriage is recognized, couples who meet these criteria are considered married and are entitled to the same legal rights and protections as those who obtained a formal marriage license. These rights and protections can include property rights, inheritance rights, the ability to make medical decisions for each other, and the ability to receive spousal benefits.
Why is Common Law Marriage Not Recognized in New Jersey?
New Jersey is one of only a handful of states that does not recognize common law marriage. The state has held this stance for many years. While some states recognize common law marriage out of tradition, New Jersey has chosen not to due to its strict legal system.
Due to the lack of formal qualifications and requirements for entering into a common law marriage, there is no clear legal foundation upon which to establish the necessary protections and rights for these couples. Therefore, the state requires couples who are looking for property or inheritance rights to legally tie the knot and obtain a formal marriage license.
Cohabitation Rights in New Jersey
While common law marriage is not recognized in New Jersey, couples who have lived together for a significant period of time may still have certain rights and protections under the law. For example, if a couple has lived together for a period of time and acquired property or assets, such as a joint bank account, they may be entitled to a portion of those assets in the event of a breakup.
Additionally, New Jersey allows cohabiting couples to establish a cohabitation agreement, which can help establish legal rights and protections in the event of a breakup, death, or other unforeseen circumstances. This agreement can cover property ownership, inheritance, and other crucial legal issues.
Another important consideration for cohabiting couples is the issue of custody. If the couple has children together, a custody agreement can be established to ensure that both parents have legal rights and responsibilities when it comes to caring for and raising the children.
Benefits of Marriage in New Jersey
While common law marriage is not recognized in New Jersey, there are many benefits to getting legally married. These include:
Property Rights: Married couples in New Jersey enjoy certain property rights, which can be critical if the couple acquires assets or property over time.
Inheritance Rights: When one spouse passes away, the other spouse is entitled to certain inheritance rights, including the right to inherit assets and property.
Medical Decision-Making: Married couples have the legal right to make medical decisions for each other, which can be critical in the event of a medical emergency.
Tax Benefits: Married couples in New Jersey may be entitled to certain tax benefits, such as the ability to file a joint tax return.
Social Security Benefits: Spouses may be entitled to certain Social Security benefits in the event of the other spouse’s death.
Overall, the benefits of getting married in New Jersey far outweigh the disadvantages of not having common law marriage recognized.
Conclusion
While common law marriage is not recognized in New Jersey, cohabiting couples still have the ability to establish certain legal rights and protections through a cohabitation agreement. Additionally, getting married offers numerous benefits and protections that can be critical in the event of a breakup, death, or other unforeseen circumstances.
As of now, the state of New Jersey has not indicated any plans to recognize common law marriage in the future. Therefore, couples who wish to obtain the legal rights and protections associated with marriage must continue to obtain a formal marriage license.
What is a Common Law Marriage?
Common law marriages are forms of interpersonal statuses that are legally recognized in a handful of jurisdictions as a formal marriage even though no legally recognized marriage ceremony is performed.
Often referred to as an informal marriage, common-law marriages do not create a legally binding contract between husband and wife.
That being said, even though a common-law marriage does not enter the couple into a civil registry—due to the exclusion of a marital contract—the formation is recognized as legitimate—in the eyes of the law—in some jurisdictions throughout the United States.
The term “common-law marriage” is synonymous with a non-marital relationship such as a reciprocal beneficiary’s relationship or a domestic partnership.
The primary distinctions of common-law marriage include the following:
• Common law marriage NJ: Common law marriages are never licensed by a government body; however, (as stated above) they may be recorded in the public records of a government entity.
In general, a common-law marriage does not need to be registered; it is up to the discretion of a government to file the common law marriage.
• Common law marriage NJ: Common law marriages are never solemnized before witnesses in a formal wedding ceremony
• Common law marriage NJ: Both parties are required to otherwise be qualified to enter into a marriage; both parties must be unmarried, be of sound mind, and in most states, not be sentenced to life in prison
• Common law marriage NJ: In some jurisdictions throughout the United States, participating couples must have cohabitated and held themselves to the public as spouses for an extended period of time for the marriage to be recognized as valid.
Is Common Law Marriage New Jersey Allowed?
As stated above, New Jersey law on marriage is one in which the individuals hold themselves out as husband and wife; however, in certain circumstances, the couple may be deemed as legally married without the presence of a formal ceremony or a marriage license.
Common-law marriage in NJ is not permitted. The state of New Jersey does not allow for the creation of common law marriage as a relationship in which a couple lives together without participating in a formal/lawful ceremony.
Unlike other states in the U.S.; however, New Jersey does not allow a couple to acquire marital rights by living together for a specified period of time. As such, a couple will not be required to pursue legal action to end such a bond if the said relationship was created in New Jersey.
Although Common Law Marriage New Jersey is not practiced in the state, New Jersey does recognize as valid, common-law marriages created outside of the state, if the legal requirements of those states are fulfilled.
So, common law marriage in New Jersey is not permitted; however, common-law marriages in other states will be upheld in New Jersey if they are formed in adherence to the other state’s requirements.
Because of this standing, legal action is required to dissolve common law marriage in New Jersey that is created outside of the state or country. New Jersey courts are responsible for determining the rights of parties residing in New Jersey.
As long as a couple shares the same domicile as husband and wife, the question regarding the validity of their common law marriage in New Jersey is unlikely to arise. However, for issues pertaining to inheritance of social security, assets, pension plans, etc. a valid marriage is required in the state of New Jersey