The short answer is no, common law marriage is not legal in Maryland. Maryland does not recognize common law marriages, also known as informal marriages or informal unions. This means that a couple cannot claim to be married in Maryland simply by living together, sharing finances, or presenting themselves as husband and wife. To be legally married in Maryland, a couple must obtain a marriage license and have their marriage solemnized by an authorized officiant.
This lack of recognition can have significant legal ramifications, especially in matters of inheritance, taxes, and healthcare decisions. Let's delve deeper into some frequently asked questions surrounding this topic.
What constitutes a common law marriage?
Common law marriage, in states where it's recognized, generally requires a couple to meet specific criteria. These criteria usually involve:
- Cohabitation: The couple must live together.
- Presentation as Married: They must publicly represent themselves as husband and wife.
- Intent to Marry: They must have the intention to be married.
However, even if a couple meets these criteria in another state that recognizes common law marriage, Maryland still will not recognize that marriage.
Can a common law marriage from another state be recognized in Maryland?
No. Even if a couple established a common law marriage in a state where it is legal, Maryland will not recognize that marriage. Maryland's laws regarding marriage are strictly defined, and it adheres to the traditional requirement of a marriage license and solemnization ceremony.
What are the legal implications of not having a legally recognized marriage in Maryland?
The lack of a legal marriage in Maryland has significant implications, including:
- Inheritance: If one partner dies without a will, the surviving partner may not inherit property or assets. Laws of intestacy (dying without a will) typically prioritize blood relatives.
- Taxes: Married couples often receive tax advantages that unmarried couples do not receive.
- Healthcare Decisions: A spouse typically has the legal right to make healthcare decisions for their incapacitated partner. Without a legal marriage, this right might not exist.
- Property Rights: In the event of a separation or death, the division of property is governed by different laws for married and unmarried couples. Unmarried partners might need to navigate complex property disputes.
- Spousal Support/Alimony: In the event of a separation or divorce, only legally married spouses can seek spousal support or alimony.
How can a couple ensure they are legally married in Maryland?
To be legally married in Maryland, couples must:
- Obtain a marriage license: This involves applying for a license from the Maryland Office of Vital Records.
- Have their marriage solemnized: This means having their marriage officially performed by an authorized officiant, such as a judge, clergy member, or other designated official.
This process ensures legal recognition of the marriage, protecting both partners' rights and interests.
What if I believe I have a common-law marriage in another state and am now moving to Maryland?
If you believe you have a common-law marriage that is legally recognized in your current state, you will need to consult with a Maryland attorney. An attorney can advise you on the implications of your situation and any steps you might take to ensure your rights are protected in Maryland.
This information is for general educational purposes only and does not constitute legal advice. It's crucial to consult with a qualified Maryland attorney for legal guidance on marriage and related matters.
