Maryland does not recognize common-law marriages. This means that a couple cannot be legally married in Maryland simply by living together, presenting themselves as married, and intending to be married. To be legally married in Maryland, a couple must obtain a marriage license and have their marriage solemnized by an authorized officiant. This is true regardless of how long a couple has lived together or how they represent their relationship to others.
While many states still recognize common-law marriages entered into before a specific date, Maryland has never recognized them. This is a crucial point to understand, especially for couples who believe they are married based on long-term cohabitation and shared intentions. Without a legally obtained marriage license and solemnization, their relationship is not recognized as a marriage under Maryland law, which has significant implications for taxes, inheritance, healthcare decisions, and other legal matters.
What Constitutes a Legal Marriage in Maryland?
A legal marriage in Maryland requires two key elements:
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Marriage License: A couple must obtain a marriage license from the Maryland Office of the Clerk of the Circuit Court in the county where they intend to marry. This license establishes the legal framework for the marriage.
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Solemnization: The marriage must be solemnized by an authorized officiant, which includes judges, ministers, rabbis, and other religious or civil officiants who are legally permitted to perform marriages in the state. This ceremony formally unites the couple in marriage.
These two steps are legally mandated in Maryland; there are no exceptions for long-term relationships or self-proclaimed marriages.
What Happens if a Couple Believes They Are in a Common-Law Marriage in Maryland?
Couples who believe they are married under common law in Maryland will find that their relationship is not legally recognized as a marriage. This can have serious repercussions in several areas, including:
- Inheritance: Without a legally recognized marriage, the surviving partner may not be entitled to inherit assets from the deceased partner.
- Healthcare Decisions: The surviving partner may not have the legal authority to make healthcare decisions for a hospitalized partner.
- Taxes: Filing taxes jointly as a married couple may result in legal repercussions if the relationship is not legally recognized.
- Property Rights: The division of property upon separation or death might not be governed by marital property laws if the relationship is not legally recognized.
What About Couples Who Lived Together for Many Years and Presented Themselves as Married?
The length of time a couple lives together and how they represent their relationship to others does not legally constitute a marriage in Maryland. The state requires the specific steps outlined above—obtaining a marriage license and having the marriage solemnized—to establish a valid marriage. The courts will not recognize a common-law marriage, regardless of the length of the relationship or the couple's personal beliefs about their marital status.
Can I Change My Status to Legally Married After Living Together for Years?
If a couple wants to be legally married in Maryland, they must follow the legal procedures to obtain a marriage license and have their marriage solemnized. Past cohabitation does not retroactively create a common-law marriage.
Conclusion
It is crucial for couples in Maryland to understand that the state does not recognize common-law marriages. To be legally married, couples must obtain a marriage license and have their marriage solemnized by an authorized officiant. Understanding these legal requirements is essential to protecting your rights and ensuring a legally valid marriage. If you have questions about marriage or legal matters related to your relationship status in Maryland, consulting with a legal professional is strongly advised.
