The short answer is no, Maryland does not recognize common law marriage. This means that simply living together for an extended period, even with the intention of being married, does not legally constitute a marriage in the state of Maryland. This can have significant legal implications regarding property rights, inheritance, and healthcare decisions. Let's delve deeper into this important topic.
What is Common Law Marriage?
Common law marriage, also known as informal marriage or informal union, is a legal concept where a couple is considered married without a formal marriage ceremony or license. Historically, many states recognized common law marriages based on the couple's intent to be married, cohabitation, and public representation of themselves as husband and wife. However, the number of states recognizing common law marriage has significantly decreased over time.
Why Doesn't Maryland Recognize Common Law Marriage?
Maryland abolished the recognition of common law marriages in 1976. Before that date, couples who met specific criteria could be considered legally married under common law. However, the state legislature explicitly removed this possibility to increase clarity and avoid potential legal disputes stemming from ambiguous marital statuses. The modern Maryland legal system necessitates a formal marriage license and ceremony to establish a legal marriage.
What Happens if a Couple Believes They Are in a Common Law Marriage in Maryland?
Even if a couple has lived together for many years and believes they are married under common law, their relationship is not legally recognized as a marriage in Maryland. This can have serious consequences in a number of areas:
How Does This Affect Property Rights?
In the absence of a legal marriage, property acquired during the cohabitation period will typically be divided according to the laws of ownership, rather than equitable distribution laws applicable to divorces. This means that each person retains ownership of their individual assets acquired during the relationship.
What About Inheritance Rights?
Without a legal marriage, the surviving partner generally has no automatic inheritance rights. This means they would not automatically inherit the deceased partner's assets unless explicitly named in a will.
What are the Healthcare Implications?
In Maryland, a legal spouse has specific rights regarding their partner's healthcare decisions, including the ability to make medical choices on behalf of their partner if they are incapacitated. These rights are not afforded to partners in an unrecognized common-law relationship.
What are the Requirements for a Legal Marriage in Maryland?
To be legally married in Maryland, couples must obtain a marriage license, have a legally authorized officiant perform the ceremony, and register the marriage with the state.
What if a Couple Moved to Maryland from a State that Recognizes Common Law Marriage?
Maryland generally does not recognize common law marriages formed in other states, even if the couple subsequently moves to Maryland. The validity of a common-law marriage is determined by the laws of the state where the marriage was established.
Can I Legitimize my Relationship in Maryland?
The only way to legitimize a long-term relationship in Maryland is to get legally married through the proper channels. This involves obtaining a marriage license, having a formal ceremony performed by an authorized officiant, and registering the marriage with the state.
This information is for educational purposes only and does not constitute legal advice. For specific legal advice on your situation, you should consult with a qualified attorney in Maryland.
