According to the Pew Research Center, a record-high share of 40-year-olds in the United States have never been married. Whether they no longer feel socially pressured into marriage, don’t believe a piece of paper should define their relationship, or for other personal reasons, more people today are choosing not to get married.
If you think you might be involved in a common law marriage in Ohio, it’s vital that you understand your legal rights. Here is what to know about common law marriages in the state.
What Is a Common Law Marriage?
A common-law marriage is a marriage that the state legally recognizes, even though the participants did not go through the formalities of obtaining a marriage certificate or meet other requirements typically associated with marriage.
The typical requirements to enter into a common law marriage include:
- The couple intended to be married.
- The couple lived together.
- The couple held themselves out to the public as a married couple.
Marriage requirements, as well as whether common-law marriage is recognized, are based on state laws, so they vary from one state to another.
Does Ohio Recognize Common Law Marriages?
For marriages within the state, Ohio only recognizes common-law marriages that were entered into up until a specific time. Ohio previously recognized common law marriages until October 1991. Anyone who may have been involved in a common-law marriage up to that point may have a valid common-law marriage.
However, the state required anyone who wanted to be recognized as married by the state to obtain a marriage certificate. Ohio does not recognize common law marriages entered into after October 1991.
However, like most states, Ohio does recognize common law marriages when they were entered into in another state and the couple complied with the requirements there for their common law marriage to be recognized in that state.
Risks of Not Getting Married
While some people think that they don’t need “a piece of paper” and decide to share property and have children without being married, there can be considerable effects on their legal rights when they don’t get married.
The following may be affected:
- Property rights: Ohio follows equitable distribution principles, so the court considers what a fair distribution of property would be at the time of divorce, rather than how assets are currently titled. Without marriage, the title often dictates who is considered the rightful owner of property.
- Inheritance rights: Surviving spouses have certain inheritance rights under the law, regardless of whether their spouse had a will, including the right to a family allowance, an interest in real property, and the right to remain in the shared residence for at least one year following their spouse’s death. An unmarried partner has no right to an inheritance.
- Child custody: A lack of marriage can affect child custody, particularly fathers’ rights. The mother of an unmarried couple is automatically considered the legal residential parent of a child until the father obtains a court order stating otherwise.
- Spousal support: Lower-earning spouses may be able to obtain spousal support to help them become financially self-sufficient, but unmarried partners don’t have this right.
You may consider alternatives to marriage if you are concerned about these situations.
Alternatives to Common Law Marriage
Even if you decide marriage isn’t right for you, there may be other paths to achieve your legal objectives, such as:
- Entering into a domestic partnership
- Titling property in both partners’ names
- Entering into a roommate agreement
- Creating wills and other estate planning documents to provide benefits to partners
- Requesting a formal custody order from the court
An experienced attorney can evaluate your situation and give you tailored legal advice and representation.
Discuss Your Case During a Confidential Consultation
Ohio no longer recognizes common law marriages formed after October 1991, but it will honor valid unions established before that date or in states where such marriages are still legal. For couples in Ohio, this distinction can have major consequences for property rights, inheritance, custody, and financial support.
If you’d like a better understanding of your specific situation and legal rights, contact Atkins And Atkins, Attorneys At Law, LLC for a confidential consultation.
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
