Recognizing Common Law Marriage in Michigan
The concept of common law marriage has a long history in the United States, but not all states recognize it as a legally binding marital union. In Michigan, a common law marriage is generally not recognized. Instead of relying on a verbal mutual agreement to wed and demonstrating cohabitation, Michigan law requires that those seeking legally binding recognition of their intent to marry must obtain a marriage license and officiated marriage to validate their union.
Despite millennia of history in the Anglo-American common law tradition, a majority of U.S. states have abolished legal recognition for common law marriage, either because of legislative or judicial action. In Michigan, the Michigan Supreme Court in the 1950 case of Tacey v. Lamb then affirmed a 21-year long statute requiring formal marriage licensure and officiated marriages; invalidating common law marriages in Michigan.
Because Michigan law requires a marriage license, a common law marriage in Michigan may stem from an unlicensed marriage that was intended to be legally binding, but that was accidentally overlooked by the couple . While the rule in Michigan strictly requires marriage licensure, the Michigan Court of Appeals in the 2001 case of Timberjack of W.N.Y., Inc. v. White revoked a decision invalidating an unlicensed common law marriage because the burden of proof to contest the marriage is on the party seeking a declaration of invalidity, and the reviewing court found that no evidence showed the not intended to marry.
The recent history of common law marriage in Michigan shows that it is generally not legally recognized, and that third parties such as business entities, employers, insurance companies, healthcare providers, etc., are protected from liability for recognizing the common law marriage of a couple in Michigan. In addition to granting nearly exclusive jurisdiction to the state, the Michigan Legislature has passed laws disallowing the court from hearing any dispute involving a non-licensure marriage if the marriage was intended to be legally binding.
Common Law or Statutory Marriage?
There are two main ways individuals can establish a legal relationship. The first, statutory marriage, occurs when a couple marries in accordance with the provisions of state law. The couple must have a marriage license and appear before a person empowered under statute to solemnize marriages. The second way couples establish a legal relationship is through common law marriage. Statutory marriage is granted pursuant to statute while common law marriage is granted via the court, and the court will decide if the parties are married based on the evidence presented. Generally, the elements necessary to prove that parties were married pursuant to common law at a point in time are: In Michigan, the Supreme Court has determined that common law marriage is not recognized as a legal relationship. Instead, it is up to the legislature to determine who is or is not a party to a legal relationship.
Exceptions and Special Cases in the State of Michigan
Michigan does recognize common law (marriage without issuance of a license or performing a ceremonial marriage) marriages entered into prior to January 1, 1957. However, it does not recognize these unions entered into after that date. See Kreager v. Gregory, 213 Mich. App. 54; 539 N.W.2d 904 (1995) and Smith v Smith, 205 Mich. App. 196; 517 N.W.2d 765 (1994).
Further, a special case was carved out by the Michigan Court of Appeals in 1978 in Keller v. Keller, 83 Mich. App. 22; 268 N.W.2d 289 (1978), wherein a legally valid common law marriage valid in the District of Columbia was deemed valid in Michigan. In Keller, the couple were married in the District of Columbia by common-law method in 1950, but later went to Michigan in 1963 for the express purpose of living as husband and wife. In Michigan, in addition to their usual jobs and parenting, they formed and operated an unlicensed medical practice for more than seven years. When Mr. Keller died without a will, his children from a previous marriage were allowed to collect sizable benefits as relatives of the deceased. Mrs. Keller sued his children, claiming her family had stepped in to the shoes of decedent’s family and had taken all of his assets. The Court granted summary disposition to the children. However, the Court of Appeals determined there was enough evidence that Keller had impliedly consented to live in Michigan as husband and wife. Therefore, Keller was entitled to her equitable share of her husband’s property.
Legal Rights Related to Relationships Without Common Law Marriage
Even without common law marriage, live-together couples in Michigan may have some legal rights that can protect their unique parenting and property relationships. Cohabiting couples often have kids together or with one another from prior relationships. Every legal issue regarding kids has to do with the needs of the kids rather than the adults, and children that are conceived and born while cohabiting parents live together are properly recognized as having all the rights of any other kids. The court that has jurisdiction over children is a family division of circuit court, Examples of the issues for which the court has jurisdiction include:
Many people who share a household together have common interests in property and debts. Cohabiting people are no exception, but common law marriage rules will not apply . The most common remedy for cohabiting people in Michigan who encounter a property dispute is to sue one another for unjust enrichment, quasi contracts, or constructive trusts. In some cases, the state of the relationship can be established with dates and evidence relevant to the transaction, and the court can equitably divide the property based upon the evidence presented.
Contracts are also available to cohabiting couples. Many cohabiting couples choose to enter into a written cohabitation agreement in order to document their rights. The agreement should be written by an attorney who will take facts from both parties in order to ensure that all issues are addressed. In particular, a cohabitation agreement can outline issues of property ownership, financial obligations, support of dependent persons, and real estate matters.
How to Legally Safeguard Your Relationship in Michigan
While Michigan no longer acknowledges common law marriage created after January 1, 1957, unmarried couples can still unwittingly find themselves in a legal haze when it comes to separation, asset division and custody in the event their relationship ends. The good news is there are legal tools and agreements Michigan couples can make to avoid common law questions and protect their interests in the future.
In the absence of a common law marriage, Michigan courts now look at the intent of the parties to determine a status for their relationship. If that intent is unclear, a judge could still see the two as a common law married couple rather than simply an unmarried cohabiting couple. Obviously, this could have consequences in ongoing spousal support and alimony claims, and even community and joint asset division.
I am often asked how parties can protect their relationship and their interests within it. The answer is with an intentional cohabitation agreement.
The word "intentional" is key. If done right, a cohabitation agreement sets out the rights and interests of both parties in clear language. The agreement prevents or limits the possibility of inaccurate claims of "marriage." It also helps keep the parties from "slipping into" a more formal relationship than they intend.
Cohabitation agreements can cover any number of issues with the right attorney – from how bills will be paid, who will own what, support obligations, and estate distribution, to future child support, custody and visitation obligations. In Michigan, the more specific the agreement, the more likely it will be honored as a first point of law.
Other important agreements for unmarried couples are wills and health care proxies.
A will can spell out how assets will be divided in the event of death, including things like insurance payouts. If a party dies still married, the marital estate laws will apply, regardless of what the will may state. In the worst case scenario, an estranged spouse can lay claim to his/her spouse’s estate. If the estate is divided prior to marriage, the rules of law for unmarried spouses will apply, including things like joint ownership of an entity that allows the transfer of shares.
Health care proxies set out preferences, wishes, and compartmentalize responsibilities for day-to-day tasks regarding one’s health in the event of an emergency, accident, or death. This could include health directives. For example, how many times have we seen individuals and families left in turmoil over the same situation? At least here, you can set out your wishes in writing, which authorities ought to honor.
As with any legal document, the best way to ensure a cohabitation agreement, will or health care proxy withstands scrutiny and future challenges is to consult with an experienced Michigan family law attorney.
Obtaining Legal Assistance for Relationship Issues
Whether or not you have been married for some time or are simply living together in Michigan without any marriage – and whether you are seeking a divorce or are trying to avoid going down that road – it is critically important that you consult with a legal professional about your options. In the case of common law marriages , you will want to find out if there is any chance whatsoever that your relationship may be viewed as such in the eyes of Michigan court, as this could significantly impact your finances as well as your custody of any children you have together.