What is a Common Law Marriage?
Defining a "Common Law Marriage" in Utah
A common law marriage, or a marriage by intention is when both parties agree to be married and specifically intend and treat each other as husband and wife. A formal or ceremonial marriage by contract, on the other hand, would involve an intention to be married, but the parties are married by contract, with representation and consent, from the beginning to the end. The obvious differences between a common law marriage and a traditional contract marriage are that a common law marriage does not include written documents, prime facie evidence or formal representation. The practical impact is that a contract marriage, as discussed above, requires the concurrence of all three elements, whereas a common law marriage requires only the concurrence of the first two. Common law marriage is allowed in Utah from 1888 up until it was abolished in 1987. However, the Supreme Court of Utah determined in Pierce v. Wong, 101 P. 2d 321, 325 (Utah , 1944) that a common law marriage could still be created under certain circumstances even in 1987. Those circumstances were the following: (a) where one spouse was legitimately ignorant of the provisions of the Marriage Act; (b) where the parties entered the relationship at a time when it appeared that such marriage was not prohibited; (c) where the former procedure for obtaining a marriage license had been abandoned but not yet repealed; (d) where the parties had been married under rites which at the time were recognized; and (e) where the parties had entered into a ceremonial marriage which was deemed valid, but was later repealed or declared invalid by the state. A Utah Court has affirmed that a common law marriage is a valid marriage even within the time period of 1987-1999. See Dunn v. Department of Workforce Services, 2010 UT 2, 220 P. 3d 271. Specifically, a common law marriage between two non-residents who only entered into the marriage while staying temporarily in Utah is still valid (Listenbee v. Listenbee, 2013 UT App 117, 302 P. 3d 737). In that case, the Court stated, "[w]hen the presumption of a valid marriage is not rebutted, the common law marriage of two out-of-state residents [is] a valid marriage under Utah law." Dunn v. Department of Workforce Services, 2010 UT 2, 220 P. 3d 271. While the Dunn case dealt with a marriage invalidated by a divorce decree, the Listenbee case appearing logical and consistent with the Dunn case will likely create case law establishing a common law marriage to be valid, even though it occurred after 1987.
Common Law Marriage in the State of Utah: Basic Requirements
Under common law, a man and woman who choose to live together and hold themselves out to the community as being married can establish a common law marriage despite not having gone through a marriage ceremony. As a result of the 2005 case of Barlow v. Cramer Java, 2006 UT App 315, the Utah Supreme Court established the following criteria for finding that a couple is in a common law marriage:
(i) agree they are married;
(ii) cohabiting;
(iii) intend to be married until death of one of them;
(iv) hold themselves out to be married.
Common law marriage is, for all intents and purposes, a valid marriage in Utah. There are no special requirements in Utah for establishing a common law marriage. However, common law marriages entered into in one state (e.g. Texas or Alabama) may be recognized in Utah.
Duration Requirement for a Common Law Marriage in Utah
While a long duration of cohabitation has often been considered a requirement for common law marriage, the courts of Utah (and most other states that recognize this type of marriage) have rejected the idea that any specific duration of time is required in order to establish one. The Utah Supreme Court in the case of Happy v. Miller stated that "duration is interesting, but not decisive." Utah does not require a minimum length of time in order for a common law marriage to exist. However, any couple must be living together at the time of the marriage in order to be considered legally married.
What is important is the nature of the parties’ relationship. Each specific circumstance and the relationships of those involved matter. For example, in a marital property dispute where the parties were never formally married, the Utah Supreme Court ruled that the trial court looked to the parties’ personal background and use of language when determining how to rule on the ownership of property in a divorce proceeding in order to determine whether or not a common law marriage existed. Some of the factors that were considered were:
Of course, instances of couple longevity will be considered by the court, but the courts do not consider duration alone as decisive evidence of a common law marriage. Essentially, there are no "how many years" requirements in Utah. The supplanting of the actual relationship rather than the parties’ words is what determines whether or not a common law marriage actually exists.
Legal Obligations and Benefits
Once recognized as a result of common law marriage, Utah will treat the parties similar to those who were formally married. Parties may have to go through the process of a dissolution in order to sever the relationship. Also, depending on when that common law marriage occurred, a court may view it as a null or void marriage if it did not comply with the full faith and credit obligations imposed by the Constitution. Similar to a traditional marriage, both parties have the right to enjoy certain benefits and bear certain responsibilities under the law, such as: Rights: Responsibilities: Utah courts will generally enforce common law contracts with respect to property and rights available to spouses. This means contracts between couples can control property rights and financial obligations. However, on issues such as inheritance, common law spouses may not be given the same rights as married spouses. For instance, a spouse may be disinherited through a will if there has not been a formal divorce, a couple is separated, or a partner is a cohabitant of the opposite sex.
Dissolving a Common Law Marriage in Utah
Ending a common law marriage in Utah entails a formal proceeding, much like an official divorce. The main difference between the two processes is that common law married couples need to prove they were legally married under common law principals. This proof can be from as far back as the parties originally determined they met the requirements for common law marriage. In some senses, dissolving a common law marriage is more challenging than filing for divorce. You must first provide proof that the common law marriage existed in the first place, at the time it was established. Officially married couples need not worry about this, as their marriage certificate is self-proving, being considered public record. Otherwise, legal separation from a common law marriage can be complex. The standard of proof for a common law marriage is clear and convincing evidence. Defendant witnesses and affidavits from neutral third parties are often necessary to prove the date of the marriage and how it operated between the parties. If custody or property division are contested , the same principles apply as to divorce. You file a motion for a divorce like any other, subject to the same requirements as a normal marriage. You may also be entitled to alimony if you can prove you had no means of support while in a common law marriage, or if you otherwise relied on the income of your spouse to live. The process is much the same as an official divorce – you fill out the correct forms, file a petition in court, and determine custody and property division agreements if you are contesting these matters. Dividing debts is also part of the dissolution of a common law marriage. If one spouse accrued debt during the time the parties were considered married, it will be viewed as a Joint Liability. The court will take into account the circumstances of the debt and assign it to whoever is seen as having the most responsibility for it.
Proving a Common Law Marriage in Utah
In Utah, as in most jurisdictions, there is no requirement to prove that a common law marriage existed. But when common law marriage is disputed, the people involved may need to provide evidence that such a union existed. For example, when a couple seeks to divide community assets in a divorce, they may be required to prove that between two particular dates, they were indeed married under common law. This is different from proving a formal marriage, where you might simply show a wedding certificate. When you’re trying to show that a common law marriage existed, you will need evidence such as photographs and testimony about what you did together.
Testimony from the parties could go both ways. Let’s say you are the husband, and you admit that you did not tell your girlfriend that you were still married to someone else. Perhaps she now wants to split estate assets up with you. You will need testimony from her to exclude the possibility of two marriages existing at once. (There are some states where you can be legally married to multiple spouses). You may need testimony from others to prove that you held yourself out as husband and wife.
One of the strongest proofs of common law marriage in Utah is a joint bank account. Even if the money is not meant to be marital, the fact that it exists as a joint account is often sufficient to show that the couple intended to hold the money together. Holding joint land or vehicle titles is also helpful in proving a common law marriage.
It can be hard to prove common law marriage in Utah without the support of good law records. Civil unions and gay marriage have become more common than they were in the past. If you need to prove a common law marriage for estate purposes or for a divorce, consult an attorney experienced with common law marriage issues.
Common Questions
Q: What is common law marriage in Utah?
A: Common law marriage is a relationship between two individuals. They live together for an extended period of time and present themselves as married. In Utah, common law marriage doesn’t create a legal relationship unless the couple meets very specific conditions.
Q: What are the rules for common law marriage in Utah?
A: The couple must:
Q: How long does it take to become common law married?
A: A couple does not automatically become married after living together for a specified period. A limited number of marriages established through the common law are recognized in Utah.
Q: How is common law marriage proven in Utah?
A: Proof of a common law marriage in Utah falls to the person who claims the relationship exists . Proof must meet the requirements of a statutory marriage like:
Q: Can a common law marriage be changed to a legal marriage in Utah?
A: To change from common law marriage to legal marriage, a couple must go through the same procedures as any other couple seeking a marriage certificate.
Q: Will a common law marriage affect divorce proceedings?
A: Establishing the duration of a relationship usually requires careful consideration before filing for divorce. The length of the marriage determines how property is divided. An equitable outcome depends on determining when the relationship became recognized as legally married.
