Common Law Spouse or Marriage Declaration or Affidavit
Understanding this form
The Common Law Spouse Declaration or Affidavit is a legal form used to confirm a common-law marriage. This declaration is specifically designed for individuals residing in states that recognize common-law marriages. It serves to declare the relationship between two parties and facilitates the coverage of one partner as a spouse under certain benefits agreements.
Key components of this form
- Declarant's name and confirmation of relationship status.
- Name and date of birth of the common-law spouse.
- Signature of the employee declaring the relationship.
- List of any common-law children with their names and dates of birth.
- Statement affirming the relationship has existed for at least 12 months.
When to use this form
This form should be used when you need to officially declare a common-law marriage to access benefits, insurance, or other legal rights typically granted to spouses. It is particularly important for confirming coverage in employer-provided group insurance benefits plans or similar situations where marital status is a prerequisite.
Intended users of this form
- Individuals in a common-law marriage that recognize such relationships.
- Those seeking to declare their relationship for benefits coverage.
- Employers or benefits administrators requiring proof of marital status for insurance purposes.
Instructions for completing this form
- Begin by entering your name as the declarant.
- Clearly state the name and date of birth of your common-law spouse.
- Provide the date of the declaration.
- Sign the form to validate your declaration.
- List any children born to the common-law relationship with their names and dates of birth.
Notarization requirements for this form
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to sign the form, which invalidates the declaration.
- Not including all required information, such as names and dates of birth.
- Assuming the form is valid in states without common-law marriage acknowledgment.
Why use this form online
- Easy access to templates created by licensed attorneys.
- Downloadable forms that allow for immediate use and editing.
- Secure storage of documents for future reference.
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FAQ
Deeds showing title to property held jointly by both parties to the common law marriage. Bank statements and checks showing joint ownership of the accounts. Insurance policies naming the other party as beneficiary. Birth certificates naming you and your common law spouse as parents of your child.
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)
Rights to protecting a family residence and dividing family assets are only granted to legally married couples. A common law spouse who is the sole owner of a shared residence may sell or mortgage property without consent and without splitting proceeds.
A common law (or informal) marriage is a legal marriage without a ceremony or other formalities. It is created only if certain specific legal requirements are met. Proving a common law marriage does NOT depend on how long you have been living together or whether you have children together.
Full name and address of affiant. Date and place of birth. Relationship to I-130 petitioner and spouse. An account of your relationship explaining: How you met the couple. Time frame you have known the couple. Give a sense of the frequency (i.e. frequently socialize) Date and signature.
The Social Security Administration mandates that you must provide evidence of your marriage. Evidence to prove a common-law marriage in the States that recognize such marriages must include: A statement from each spouse and a statement from a blood relative of each, if both spouses are living, OR.
You must live together (amount of time varies by state). You both must have the legal right or "capacity to marry". Both must be 18 years old (varies by State). You both must intend to be married. You both must hold yourself out to friends and family as being a married couple.
Shared ownership of residential property. joint leases or rental agreements. bills for shared utility accounts, such as: gas. electricity. important documents for both of you showing the same address, such as: driver's licenses. identification documents.
Title the affidavit. First, you'll need to title your affidavit. Craft a statement of identity. The very next section of your affidavit is what's known as a statement of identity. Write a statement of truth. State the facts. Reiterate your statement of truth. Sign and notarize.
