What Does Common Law Marriage Mean?
Common law marriage is generally used to describe a relationship between two persons who have not satisfied the legal formal requirements of a marriage license but whom hold themselves out to the community as a married couple. It is generally established through the agreement, followed by cohabitation , of the spouses and the holding out to the public of those individuals as a married couple. The circumstances of each relationship will ultimately decide whether there is a common law marriage.
Only a handful of U.S. states currently recognize the validity of a common law marriage. Their rationale for doing so is that it would be unfair to deny the parties the ability to benefit from the marriage merely because they chose not to go through the formal requirements in their state. This reasoning was so essential that the American Bar Association adopted a resolution urging legislative action in the areas of common law marriage and cohabitation so as to protect the vulnerable parties.
Ohio does not recognize common law marriages today. Ohio’s law recognizing common law marriage was repealed in 1991. The repeal of Ohio’s common law marriage law did not, however, eliminate the enforceability of common law marriages entered into before October 10, 1991, when the law was repealed.
The Law and Common Law Marriage in Ohio
The state of Ohio does not recognize common law marriage at present, but it did do so in the past. The history of common law marriage in Ohio largely follows the history of common law marriage in the United States as a whole. Most states stopped recognizing marriage by common law after about the 20th century. Ohio, most likely for practical reasons, was more lenient than other states in that respect, and it did not stop recognizing common law marriages until the 1991 enactment of section 3105.12 of the Ohio Revised Code, which said that "no person shall enter into a marriage other than a marriage resulting from a license and solemnization." In effect, this aimed to put an end to all common law marriages after March 20, 1991, but the Ohio Supreme Court has shown more willingness than other courts to acknowledge common law marriages even when they’re not recognized by law.
The 1977 case Catazaro v. Catazaro set a standard for continuing recognition of common law marriages in Ohio if they were created before the new statute went into effect. In that case, the court held that if a common law marriage was established before March 20, 1991, by a "mutual promise in words of the present form a marital relationship, consummated by cohabitation, and it is otherwise lawful, is valid and binding upon the parties."
Further oddities in Ohio’s approach to common law marriage are illustrated by the 2003 case of Hall v. McCormick, where the court granted spousal support to a woman who claimed to be married to the man she was divorcing even though the strong majority of the rest of the court found that there was no evidence supporting her assertion. This indicates that Ohio may sometimes take broader interpretations than may be technically supported by the law, as long as there’s significant evidence for the assumptions of those interpretations.
As of 2015, a case involving the acknowledgement of common law marriage in Ohio by the Ohio Supreme Court has not been brought before the court.
Common Law Marriage Requirements in Ohio
It is the responsibility of Ohio courts to rule on what the common law of this state is or should be. In the past, Ohio courts have recognized marriages formed under the common law. However, in 1991 the Ohio legislature passed a statute abolishing the ability to create a common law marriage beginning in 1991. Since that time enforcement of common law marriages has been limited to those that were created by the common law prior to 1991.
The statute passed in 1991 does grandfather any common law marriages which already existed before the law went into effect. The legislature intended to recognize marriages previously valid in Ohio. However, that legislative intent is delegated to the courts. In 1999, the Ohio Supreme Court held that the 1991 statute did not explicitly eliminate those common law marriages created prior to the statute and subsequent cases also recognized the clear intention of the legislature to allow previously valid common law marriages to remain in existence.
In order to be considered legally married under common law, you would have to meet the following requirements:
• You must have resided together.
• You must have mutually agreed to enter into a marriage relationship.
• You would be considered husband and wife.
• You must hold yourselves out to the public as being married.
Ohio courts generally look to see if the couple had a marriage certificate. If the couple did not have a marriage certificate they would look to see if the couple came together. Factors that could show you came together include:
• the couple has held out each other as husband and wife
• the couple has had children
• the couple has shared expenses (joint bank accounts, mortgages, etc.)
• the couple shared a residence
For a couple to be entitled to the legal protections of marriage and to avoid Ohio’s penal code, they must satisfy all requirements for a common law marriage in Ohio prior to 1991.
Practical Implications for Ohio Couples
While there are no immediate legal ramifications for unmarried couples living in Ohio, the absence of legal protection and rights can lead to potential complications. Because Ohio does not recognize common law marriage, unmarried couples cannot divorce or separate assets as legally married couples do. In the case of a split, it is necessary to go through a lengthy process to disentangle finances and understand legal obligations. It becomes necessary to determine what was agreed to within the relationship and consider repayments of certain loans , medical bills, etc. When kids are in the picture, child support and parenting time requirements are different for unmarried parents compared to married parents. In the end, unmarried couples in Ohio may have a more challenging disorder to life and property after ending their relationship compared to couples who were legally married. Without legal documentation for insight, property may have to be divided in a less formal manner that requires some level of negotiation that is not required during the divorce process.
Ways to Secure Your Relationship Legally
In Ohio, there are two primary ways to establish or protect your relationship. You can marry your partner and create a legal marital status in the eyes of Ohio law, or you can set up a domestic partnership or cohabitation agreement. These contracts and procedures allow you to legally protect your property rights, control what happens to your assets in the event of either partner’s incapacity or death and ensure your partner has the legal authority to make decisions for you in moments of need.
If you choose to pursue a domestic partnership agreement or cohabitation agreement, it can be a good idea to hire a legal professional to draft the contract. There is no one-size-fits-all cohabitation agreement that works for every Ohio couple, and an experienced attorney will be able to create the kind of thorough, customized contract that gives you and your partner maximum protection.
Common Law Marriage FAQs in Ohio
In this section, you can include frequently asked questions about common law marriage in Ohio. Here are some possible prompts and sample answers to help you create informative, useful text for this section:
Q: Does Ohio recognize common law marriages after a period of time together?
A: While common law marriages used to be recognized in Ohio, they are no longer recognized after the mid-1990s. Joint property ownership may grant similar rights as a common law marriage, but they do not provide the same rights as a recognized marriage.
Q: If we are considered common law married, does that impact how our property is divided if we decide to go our separate ways?
A: In Ohio today, common law marriages have no legal weight . It is important that individuals who have relied on one another financially take steps to get a fair division of their property if they do split up, but they will be treated as if they were never married as far as legal protections go.
Q: If I die without a will and my spouse and I were common law married, does my spouse have a right to my estate?
A: It would depend. Common law marriages are not recognized today in Ohio, so you should take steps to protect your assets with a will regardless of whether it seems like you will leave behind property.