Maryland, like many other states, once recognized common-law marriages. However, Maryland abolished common-law marriages in 1930. This means that no new common-law marriages can be formed in Maryland today. However, understanding the historical context and implications of this abolition is crucial. This guide will clarify the current legal landscape surrounding common-law marriage in Maryland and address frequently asked questions.
What is a Common-Law Marriage?
Before its abolishment, a common-law marriage in Maryland, like in other states that recognized it, was a legally binding marriage formed without a formal marriage license or ceremony. It was established through a mutual agreement to be married, cohabitation, and a public representation of the marriage. The critical components included:
- Mutual Agreement: Both parties must have consciously agreed to be married. This wasn't simply living together; it was a clear understanding of a marital relationship.
- Cohabitation: The couple must have lived together as husband and wife.
- Public Representation: The couple held themselves out to the public as being married. This might involve introducing each other as spouses, filing joint tax returns, or other similar actions.
Can I Still Claim Common-Law Marriage in Maryland?
No. As previously stated, Maryland abolished the creation of new common-law marriages in 1930. This means that even if a couple believes they entered into a common-law marriage before 1930, establishing its legal validity now can be challenging and requires rigorous proof. While existing common-law marriages entered into before 1930 were initially recognized, the legal hurdles to prove such a marriage are significant today.
What if I Was in a Common-Law Marriage Before 1930?
If you were in a common-law marriage formed before 1930 in Maryland, proving its existence requires substantial evidence. This would typically involve:
- Witness Testimony: Testimony from individuals who knew the couple and can attest to their representation of themselves as married.
- Documentary Evidence: Documents like joint tax returns, bank accounts, insurance policies, or other legal documents that name the couple as husband and wife.
- Other Evidence: Photographs, letters, or other evidence that demonstrates the couple's public representation of themselves as a married couple.
The burden of proof rests entirely on the person claiming the common-law marriage. It's crucial to consult with an experienced Maryland family law attorney to determine the best course of action and assess the chances of success.
How is Property Divided After a Common-Law Marriage (Before 1930) Ends in Maryland?
The division of property after the dissolution of a common-law marriage formed before 1930 in Maryland follows principles similar to those governing the division of property in formal marriages. Maryland is an equitable distribution state. This means that the court will divide marital property fairly, considering various factors, such as the length of the marriage, the contributions of each spouse, and the economic circumstances of the parties. Again, proving the existence of the marriage is the primary challenge.
What Happens if I Lived With Someone for Many Years Without a Marriage License?
Simply living together for an extended period doesn't automatically constitute a common-law marriage in Maryland. As mentioned earlier, there must be a clear mutual agreement to be married, cohabitation, and public representation of the marriage. A long-term cohabiting relationship without these elements does not grant marital rights. If such a relationship ends, the division of property will be governed by contract law or other relevant legal principles, not marital law.
What Legal Rights Does a Partner in a Long-Term Cohabiting Relationship Have?
Partners in long-term cohabiting relationships in Maryland do not automatically have the same legal rights as those in a marriage. However, agreements made during the relationship, whether written or verbal, may be enforceable in court. It is highly recommended that couples living together for an extended period consider a cohabitation agreement to clearly outline their financial and property rights.
This information is for general educational purposes only and does not constitute legal advice. Consulting with a qualified attorney in Maryland is essential for advice tailored to your specific situation. They can help navigate the complexities of common-law marriage claims or address legal concerns related to long-term cohabiting relationships.
