Maryland, unlike many other states, does not recognize common-law marriage. This means that simply living together for an extended period, sharing finances, and presenting yourselves as a married couple will not legally constitute a marriage in the eyes of the state. This can have significant implications for taxes, inheritance, healthcare decisions, and other legal matters. Understanding the legal realities of relationships in Maryland is crucial to protecting your rights and interests.
This guide aims to clarify the legal status of common-law marriage in Maryland and address common questions surrounding cohabitation and legal partnerships.
Does Maryland Recognize Common-Law Marriage?
No. Maryland does not recognize common-law marriages, regardless of the length of time a couple has lived together or their presentation to the public. To be legally married in Maryland, a couple must obtain a marriage license and have their marriage solemnized by an authorized officiant.
What Constitutes a Legal Marriage in Maryland?
A legal marriage in Maryland requires:
- Marriage License: Obtaining a license from the Maryland Office of the Clerk of the Circuit Court in the county where the marriage ceremony will take place.
- Solemnization: A formal ceremony performed by an authorized officiant, such as a judge, clergy member, or other designated official.
- Legal Capacity: Both individuals must be legally capable of entering into a marriage; this means they must be of legal age, not already married, and of sound mind.
What are the Implications of Not Having a Legally Recognized Marriage?
The lack of legal recognition carries significant legal consequences. These include:
- Inheritance: Without a will, property may not automatically pass to the surviving partner in an unregistered cohabiting relationship.
- Taxes: Filing jointly as a married couple for tax purposes isn't possible without a legal marriage.
- Healthcare Decisions: Spouses generally have significant say in medical decisions for each other. This right is not automatically extended to unmarried partners.
- Hospital Visitation: Hospitals may restrict visitation rights for unmarried partners.
- Benefits: Many employer-sponsored benefits, such as health insurance and retirement plans, are only available to legally married spouses.
What if a Couple Believes They Are Common-Law Married?
Even if a couple believes they are common-law married based on their long-term relationship and shared life, Maryland courts will not recognize this as a legal marriage. This means they will be treated as unmarried individuals in all legal proceedings.
What are the Alternatives to Marriage in Maryland?
Couples who choose not to marry can protect their rights and interests through other legal means, such as:
- Cohabitation Agreements: A legally binding contract outlining financial responsibilities and property ownership during the relationship and in the event of separation.
- Wills and Trusts: Properly drafted wills and trusts can ensure that assets are distributed according to the couple's wishes.
- Power of Attorney: Granting power of attorney to another individual allows them to make financial and healthcare decisions on behalf of the grantor if they are unable to do so.
Can I Get a Common-Law Marriage Recognized in Maryland if it Was Established in Another State?
Maryland generally respects the validity of marriages that are legally recognized in other states. If a couple was legally married under common-law rules in a state that recognizes such unions, Maryland will likely recognize that marriage. However, this does not apply to relationships established in Maryland.
What Happens if a Couple Separates After a Long-Term Unmarried Relationship?
If a couple separates after a long-term cohabiting relationship, they may need to address property division and other legal matters. This often involves negotiating a separation agreement or seeking legal counsel to protect their individual rights and interests. Unlike in a divorce proceeding, there is no automatic framework for asset division.
This information is for general educational purposes only, and should not be considered legal advice. For specific legal guidance regarding your situation, it is essential to consult with a qualified Maryland attorney.
