Common Law Marriage in Pennsylvania

Common law marriage, also known as informal marriage, is a legal concept that recognizes a couple as married even if they have not obtained a marriage license or had a formal wedding ceremony. While common law marriage is not recognized in all states, Pennsylvania is one of the few states that still recognizes and allows for the formation of common law marriages.

Here are some misconceptions about common law marriage in Pennsylvania that might need clarification:

1. Living Together Equals Common Law Marriage:

   • Misconception: Simply living together for a certain period automatically leads to a common law marriage in Pennsylvania.
   • Clarification: Pennsylvania abolished common law marriage for relationships initiated after January 1, 2005. Living together alone does not establish a common law marriage.

2. Time Requirements for Common Law Marriage:

   • Misconception: There is a specific time requirement for cohabitation to establish a common law marriage.
   • Clarification: While some states may require a certain duration of cohabitation to recognize common law marriage, Pennsylvania, after 2005, does not consider any period of cohabitation as a basis for common law marriage.

3. Informal Ceremonies Create Common Law Marriage:

   • Misconception: Holding a casual or informal ceremony, such as exchanging vows without a formal marriage license, establishes a common law marriage.
   • Clarification: In Pennsylvania, a formal marriage license is required to create a legally recognized marriage. Informal ceremonies without a license do not result in a common law marriage.

4. Intent Alone Creates Common Law Marriage:

   • Misconception: Simply having the intent to be married is enough to establish a common law marriage.
   • Clarification: In Pennsylvania, intent alone is not sufficient. A valid marriage requires compliance with statutory requirements, such as obtaining a marriage license.

5. Automatic Inheritance Rights for Common Law Spouses:

   • Misconception: Common law spouses have the same automatic inheritance rights as legally married spouses.
   • Clarification: In Pennsylvania, if a couple is not legally married, the surviving partner may not automatically have the same inheritance rights as a legal spouse. Estate planning, such as wills and beneficiary designations, is crucial for unmarried couples.

Requirements for Common Law Marriage in Pennsylvania

In order to establish a common law marriage in Pennsylvania, certain requirements must be met:

1. Consent: Both parties must have the legal capacity to consent to the marriage. This means that they must be of sound mind and not under the influence of drugs or alcohol at the time of the agreement.
2. Present Intent: The couple must have a present intent to be married. This means that they must agree to be married and hold themselves out to others as a married couple.
3. Cohabitation: The couple must live together as husband and wife. Cohabitation refers to living together in a manner that resembles a traditional marriage, sharing a home, and presenting themselves as a married couple to family, friends, and the community.

It is important to note that there is no specific time requirement for cohabitation in Pennsylvania. However, the longer the couple has lived together, the stronger the evidence of a common law marriage.

Proof of Common Law Marriage

While there is no formal process to establish a common law marriage in Pennsylvania, it is important to have evidence to prove the existence of the marriage. This evidence may include:

• Joint Bank Accounts: Having joint bank accounts can demonstrate a financial commitment and intermingling of assets.
• Joint Property Ownership: Owning property together, such as a home or a vehicle, can indicate a shared life and commitment.
• Joint Tax Returns: Filing joint tax returns as a married couple can be strong evidence of a common law marriage.
• Shared Last Name: Using the same last name or introducing each other as husband and wife can indicate a marital relationship.
• Witness Testimony: Statements from friends, family, or other individuals who can attest to the couple’s relationship and their belief that they are married.

It is important to gather as much evidence as possible to establish the existence of a common law marriage, as the burden of proof lies with the couple seeking recognition.

Legal Rights and Responsibilities

Once a common law marriage is established in Pennsylvania, the couple has the same legal rights and responsibilities as couples who are formally married. These rights and responsibilities include:

• Property Rights: Each spouse has an equal right to property acquired during the marriage.
• Spousal Support: The obligation to provide financial support to a spouse in the event of separation or divorce.
• Inheritance Rights: The right to inherit from a spouse who passes away without a will.
• Healthcare Decision-making: The ability to make medical decisions on behalf of a spouse.
• Divorce: In order to dissolve a common law marriage in Pennsylvania, a formal divorce is required.

It is important to note that Pennsylvania no longer recognizes new common law marriages formed after January 1, 2005. However, common law marriages that were formed prior to this date are still considered valid.

Conclusion

Common law marriage in Pennsylvania provides a legal recognition for couples who meet the requirements and establish their relationship as a marriage. While it may not be as common as formal marriage, it offers the same legal rights and responsibilities. It is important for couples considering a common law marriage to understand the requirements and gather evidence to prove the existence of their relationship.