This guide provides an overview of common law marriage. Topics covered include general requirements for a common law marriage, which states recognize common law marriage, and property rights and other rights of unmarried couples.
Common Law Marriage Without A Will
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Property Deeds showing title to property held jointly by both parties in the common-law marriage. Bank statements and checks showing joint ownership of the accounts. Loan documents, leases, mortgages, and promissory notes that show joint financial obligations of the parties.
While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.
An individual who never formally married his deceased partner may be entitled to all the rights of a surviving spouse if he can show the relationship met the requirements of common law marriage. Because of the recognition of marriage equality across the country, this right extends to the same-sex couples.
Does a will override spousal rights? No, a will does not override spousal rights. Spousal rights are the legal rights that a spouse has to their partner's property and assets. These rights may be enshrined in law or may arise from common law.
Tax returns that you filed as a married couple. leases, deeds, or mortgage documents showing that you jointly held property. insurance, employment, or other benefit forms or policies listing your partner as your spouse.