Maryland, unlike many other states, does not recognize common-law marriage. This means that simply living together for an extended period, sharing finances, or presenting yourselves as a married couple will not legally constitute a marriage in the eyes of the state. Understanding this is crucial for couples in Maryland who may mistakenly believe they are married. This guide will clarify the legal realities and answer common questions surrounding this topic.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal union established without a marriage license or formal ceremony. In states that recognize it, a couple can become legally married through cohabitation, public representation as husband and wife, and an expressed intent to be married. However, as previously stated, Maryland is not one of these states.
Does Maryland Recognize Common-Law Marriages Formed in Other States?
Yes, Maryland will recognize a valid common-law marriage that was legally formed in another state that does recognize common-law marriage. This means if a couple legally entered into a common-law marriage in a state where it's permitted, that marriage will be recognized in Maryland for purposes of inheritance, taxes, and other legal matters. However, simply moving to Maryland from a state that allows common-law marriage will not automatically make the couple legally married in Maryland. The marriage must have been validly established in the other state.
What if a Couple Believes They Are in a Common-Law Marriage in Maryland?
If a couple in Maryland believes they are in a common-law marriage but has not obtained a marriage license, they are not legally married in the state. This can have significant legal ramifications, particularly concerning:
- Inheritance: Without a valid marriage, there is no automatic right to inherit from a partner's estate.
- Healthcare Decisions: A spouse typically has the authority to make healthcare decisions for an incapacitated partner. This right is not afforded to unmarried partners.
- Taxes: Filing jointly on taxes requires a legal marriage. Unmarried couples file separately, which can have tax implications.
- Divorce: There is no divorce process for a non-existent marriage. Any disputes over property or assets would need to be resolved through other legal channels, such as a lawsuit.
- Child Custody and Support: While a common-law marriage doesn't directly impact child custody or support, it can influence these issues.
How Can Couples in Maryland Secure Legal Marriage?
The only way to legally marry in Maryland is through a formal ceremony conducted by an authorized officiant and following all state requirements, including obtaining a marriage license. This ensures legal recognition of the relationship and provides all the associated legal protections.
What are the Requirements for a Valid Marriage in Maryland?
Maryland's marriage requirements include:
- Obtaining a marriage license: This involves completing an application and meeting specific eligibility criteria.
- Officiant: The ceremony must be performed by someone legally authorized to perform marriages in Maryland.
- Witnesses: Usually, at least two witnesses must be present.
What Happens if I Need to Resolve Property Disputes After a Long-Term Relationship in Maryland?
If a couple separates after a long-term cohabitating relationship in Maryland without a legal marriage, any property disputes will have to be settled through the court system, potentially using a legal framework such as contract law or equitable distribution if there's evidence of a cohabitation agreement or a palimony claim. This process can be complex and expensive.
This information is for general guidance only and does not constitute legal advice. For specific legal advice related to your individual circumstances, consult with a qualified Maryland attorney specializing in family law.
