New Hampshire does not recognize common-law marriage. This means that simply living together for an extended period, sharing finances, or presenting yourselves as married to others does not legally constitute a marriage in the eyes of the state. While many states still permit common-law marriages, or have done so historically, New Hampshire has explicitly rejected this legal framework. This can have significant implications for inheritance, tax benefits, and other legal rights typically afforded to married couples. Understanding the implications of this lack of recognition is crucial for individuals residing in or considering moving to New Hampshire.
What is Common-Law Marriage?
Before delving into the specifics of New Hampshire's stance, let's define common-law marriage. Common-law marriage, also known as informal marriage, is a legal framework where a couple is considered married without obtaining a marriage license or having a formal ceremony. Generally, it requires the couple to:
- Live together: This usually means residing in the same household.
- Present themselves as married: This involves publicly representing themselves as a married couple to friends, family, and the community.
- Intend to be married: This requires a clear and mutual understanding that the couple is legally married.
The specific requirements and evidence needed to prove a common-law marriage vary significantly by state. As previously stated, New Hampshire does not recognize common-law marriage under any circumstances.
Does New Hampshire Recognize Common-Law Marriages from Other States?
This is a common question. While New Hampshire doesn't allow the creation of a common-law marriage within its borders, it generally will recognize a valid common-law marriage that was legally formed in another state. If a couple legally established a common-law marriage in a state that recognizes it, New Hampshire will usually acknowledge that marriage for purposes such as inheritance, property division, and other legal matters. However, this recognition is contingent upon proving the validity of the common-law marriage under the laws of the state where it originated. This often involves providing substantial evidence, such as witness testimony and documentation.
What Happens if a Couple Believes They are in a Common-Law Marriage in New Hampshire?
If a couple in New Hampshire believes they are married under common law, they are, in fact, not legally married. This has far-reaching consequences. They may lack the legal protections and benefits afforded to legally married couples, such as:
- Inheritance rights: Without a legally recognized marriage, inheritance rights are often governed by intestacy laws, which may not align with the couple's wishes.
- Healthcare decisions: Spousal consent may be required for healthcare decisions, a right unavailable to unmarried couples.
- Tax benefits: Married couples typically qualify for various tax benefits not available to unmarried couples.
- Property rights: In the event of a separation or death, property division may be far less clear and advantageous compared to a legally married couple.
- Benefits and pensions: Spousal benefits under employer retirement and pension plans will not be available to couples who are not legally married.
How Can a Couple in New Hampshire Formalize Their Relationship?
The only way to ensure legal recognition of a marital relationship in New Hampshire is through a formal marriage ceremony and the obtaining of a marriage license. This process provides clear legal standing and protects the couple's rights.
What are the Legal Alternatives to Marriage in New Hampshire?
For couples who do not wish to marry formally, exploring alternative legal structures such as cohabitation agreements or domestic partnerships may offer some protection for shared assets and responsibilities. These legal agreements will be tailored to their specific situation, unlike common law marriage, which is not recognized by the state. Consult with a New Hampshire attorney to determine which option best suits your needs.
This information is for general guidance only and does not constitute legal advice. Consulting with a qualified New Hampshire attorney is crucial for any individual or couple seeking advice on relationship recognition, estate planning, or other legal matters related to cohabitation or marriage.
