When couples live together for years, share finances, raise children, and build a life together, many assume that they may be considered “common-law married.” However, this is one of the most misunderstood concepts in family law. If you reside in Minnesota or North Dakota, it’s essential to understand how your relationship is (or is not) recognized under the law.
What Is Common-Law Marriage?
Common-law marriage refers to a legal framework where a couple is considered married without having gone through a formal wedding ceremony or obtained a marriage license. In states that allow it, a common-law marriage generally requires that the couple:
- Lives together for a significant period
- Intends to be married
- Presents themselves to others as a married couple (e.g., using the same last name, filing taxes jointly)
Importantly, just living together is not enough to establish a common-law marriage—even in states where it is recognized.
Common-Law Marriage in Minnesota
Minnesota does not recognize common-law marriage. The Minnesota Legislature abolished it in 1941. This means that no matter how long you and your partner have lived together or how closely your relationship resembles a marriage, Minnesota courts will not consider you legally married unless you have obtained a valid marriage license and had a legal ceremony.
There is one exception: if you were legally common-law married in a state that does recognize common-law marriage, and then you move to Minnesota, your marriage will generally be recognized as valid. That’s because all states must recognize marriages that were legally formed in other jurisdictions, under the Full Faith and Credit Clause of the U.S. Constitution.
Common-Law Marriage in North Dakota
Similarly, North Dakota does not recognize common-law marriage. In fact, North Dakota abolished the practice in 1890, making it one of the earlier states to do so. Like Minnesota, North Dakota will recognize a valid common-law marriage formed in another state where it was legal.
This means that if you live with your partner in North Dakota, you must go through the formal process of obtaining a marriage license and holding a ceremony to be considered legally married. Cohabiting for years, sharing property, or even referring to one another as “husband” or “wife” will not grant you the legal rights or protections of marriage.
Why It Matters
The difference between being legally married or not can have serious legal implications, especially in areas like:
- Property division: In a divorce, marital property is divided equitably. Unmarried couples in MN or ND who separate have no such protections unless they have contracts or cohabitation agreements in place.
- Spousal support: Only legal spouses can request alimony or spousal maintenance.
- Inheritance: Without a legal marriage or valid will, a surviving partner in a long-term relationship may not automatically inherit anything.
- Health care and legal decisions: Unmarried partners may not have the right to make emergency medical or financial decisions unless legal documents like health care directives or powers of attorney are in place.
What Can Unmarried Couples Do?
If you are in a committed relationship but choose not to marry, it’s wise to take steps to legally protect yourselves:
- Draft a cohabitation agreement that outlines ownership of property, financial responsibilities, and plans in case of separation.
- Create wills and estate plans that clearly name your partner as a beneficiary.
- Execute health care directives and powers of attorney for health care and finances.
Final Thoughts
The myth of common-law marriage can lead to unexpected and painful surprises. In Minnesota and North Dakota, there is no such thing as becoming “married by default” through cohabitation. If you want the rights and protections of marriage, you need to go through the formal legal process. And if you choose not to marry, it’s essential to be proactive in protecting your interests.
If you have questions about your legal status or need help preparing cohabitation or estate planning documents, consult a family law or estate planning attorney familiar with the laws in your state. Being informed today can prevent conflict and confusion tomorrow. Contact the SW&L family law team at 701-297-2890 or email us at: [email protected].
The information contained in this article and on this website is for informational purposes only. Do not rely on information on this website as legal advice. Please refer to the full disclaimer here
