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Missouri Common Law Marriage

What is Common Law Marriage?

Common-law marriage is an informal marital union where cohabiting couples present themselves to the public as married without obtaining a marriage license. Although common-law couples refer to themselves as “husband” and “wife”, the parties have not solemnized their union as required of a conventional marriage. Many states, including Missouri, do not recognize common-law marriages. Jurisdictions that recognize common-law marriages include South Carolina, Montana, Iowa, Texas, Utah, Colorado, Rhode Island, Kansas, and the District of Columbia.

Couples often resort to common-law marriages because it is convenient and saves the partners the cost of going through a traditional ceremony. Such couples may also enjoy benefits accessible to conventionally married partners such as:

  • Tax breaks
  • Social Security benefits
  • Employer benefits such as insurance
  • Inheritance rights
  • Right of child custody

Because the union is informal, making a case for legal matters may be difficult as there might be no legal documents to the effect. The disadvantages this can present include:

  • Complicated divorce
  • Possible loss of inheritance

Does Missouri Recognize Common Law Marriage?

Missouri does not allow common-law marriages as it abolished this type of union in 1921. However, under the Full Faith and Credit Clause of the U.S. Constitution, Missouri recognizes common-law marriages created in other states where this arrangement is recognized. Also, Missouri does not recognize any marital union outside of a formal marriage, including domestic partnerships, reciprocal beneficiary relationships, and civil unions. However, some cities, such as St Louis, recognize domestic partnerships.

What Are the Requirements for a Common Law Marriage in Missouri?

Missouri does not recognize common-law marriages. However, states that recognize common-law marriages typically require that couples meet the following requirements:

  • Be of legal age to marry (both parties must be at least 18years of age)
  • Have the intention to be married
  • Must not be married to someone else
  • Must have lived together for some time (this varies depending on the state)
  • Must hold themselves out to their community, friends, and family as married

Note that Missouri residents who fulfill all the above requirements will still not have an acceptable union by the state. Any individual who wishes to be common-law married in Missouri must have fulfilled all the requirements in a state where this type of union is legally acceptable.

How many years do you have to Live Together for Common Law Marriage in Missouri?

Before Missouri abolished common-law marriages, there was no duration for cohabitation to validate such a union. Valid common-law marriages in Missouri may depend on the duration of cohabitation required in the state where the marriage was created.

What Does it Mean to be Legally Free to Marry in Missouri?

Being legally free to marry in Missouri means that the individual has met the state’s requirements for marriage. This freedom is obtainable as long as the parties are above 18 years of age, not married to other persons, and are not first cousins or more closely related. If these conditions are met, interested persons may marry regardless of nationality, sexual orientation, or race.

What is Intent to Marry in Missouri?

An intent to marry is a form or a letter indicating the intention of partners to get married. An intent letter or form is not required for a marriage license in Missouri, as the state accepts a verbal affirmation of marital intention during the solemnization ceremony. However, at the federal level, a letter of intent to marry is mandatory for foreigners seeking residency in the U.S via marriage. Note that marriage requirements may vary slightly across the various municipalities in the state.

What is an Informal Marriage in Missouri?

An informal marriage in Missouri is the same thing as a common-law marriage. The term is more commonly used in Texas, used to describe a union of two people where both parties did not receive a marriage license or partake in a marriage ceremony.

How Do You Prove Common Law Marriage in Missouri?

A written and signed agreement identifying the parties involved as a couple is the best way to prove a common law marriage in Missouri. Because common-law marriages are informal, they are hard to prove in the event of a legal dispute. In such cases, testimonies of involved persons could become fundamental to validating the existence of a union. Some of the following may also help to prove the existence of an informal marriage:

  • Name change document indicating that a spouse has taken the other’s name
  • Evidence of joint leases
  • Birth certificate(s) naming the couple as parents of a child or children
  • Proof that the couple shares a residential property
  • Affidavits from individuals such as family and friends who are willing to attest to the existence of the marriage.
  • Insurance policies that name the spouse as a beneficiary
  • Testimony from neighbors and other witnesses who can verify that the couple have lived together in a specific address
  • Mortgages and loans, specifying the couple as joint financiers.
  • Joint bank accounts.
  • Joint tax return documents
  • Loan documents, promissory notes, and mortgages jointly financed by the couple
  • Proof of sharing household expenses

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in Missouri After Death?

If a common-law married partner dies, the widowed spouse may make legal claims using relevant documents supporting the existence of a union. Together with supporting documents, testimonies from the deceased’s relatives would go a long way in proving that a common-law marriage existed between both persons. It is important to note that this only applies to common law marriages established outside Missouri, as the state does not recognize such marriages.

Do Common Law Marriages Require a Divorce?

Couples who establish themselves as married under common law require a divorce to legally separate in Missouri. Before a partner lawfully enters a traditional or common-law marriage with another individual, there must be legal separation from the common-law union. Although the state does not allow common law marriages, it permits the dissolution of such marriages created in other states. The process for a Missouri common-law divorce is the same as that of traditional marriage.

Does A Common-Law Wife Have Rights in Missouri?

The rights of a common-law wife in Missouri are the same as those of a traditional wife. However, since Missouri does not recognize common-law marriages, the state will only afford such rights to persons in unions created in states with supporting laws. Common-law husbands may also enjoy the same rights as traditional husbands. Benefits accessible by common-law married partners include the right to marital property and child custody.

Can a Common Law Wife Collect Social Security in Missouri?

A common-law wife may collect social security in Missouri if the couple established the union in a state that legally recognizes common-law marriages. Common-law couples seeking social security benefits are required to complete a Statement of Marital Relationship Form. The Social Security Administration (SSA) also requires a statement regarding marriage from a blood relative attesting to the credibility of the marital union. The SSA will use the information given by the couple and other witnesses to determine if an individual is eligible for social security benefits. Some of the information the couple is to provide includes:

  • Duration of cohabitation
  • State and town where the couple lived together
  • The month and year when the couple began living as husband and wife
  • A marital agreement, whether verbal or in writing
  • Children born of the relationship
  • Any name change
  • Any joint business dealings or charges
  • Whether or not the couple introduced themselves as husband and wife to friends and neighbors.

Are Common Law Wives Entitled To Half In Missouri?

Common-law wives are not immediately entitled to half in Missouri. Individuals who are not legally married may be unable to make claims in the event of a separation. However, because the state recognizes common-law marriages from other states, divorce rules in Missouri apply to the couple. Missouri is a dual property state, which means that property can either be marital or nonmarital. In a divorce, the couple will not split property that exclusively belongs to a spouse during separation. Note that if there is a prenuptial agreement before the marriage, both parties will only be entitled to items stated in the agreement terms.

How Do You Get A Common-Law Marriage Affidavit in Missouri?

Individuals cannot get common-law marriage affidavits in Missouri because the state only recognizes conventional marriages. Couples can get a common-law marriage affidavit in states like Texas, Iowa, Colorado, Montana, Kansas, and Rhode Island, where common-law marriages are recognized. The requirements for these affidavits vary between states. Information on the affidavit should include:

  • The partners’ names
  • The state the couple intends to marry
  • Confirmation that the partners are of legal age to marry
  • The date the couple decided to marry
  • Both partners’ signatures

When Did Common Law Marriage End in Missouri?

The state of Missouri abolished common-law marriages in March 1921. As of 2021, the state only recognizes traditional marriages as the only option for persons interested in obtaining legal recognition of their unions.

What is Considered Common Law Marriage in Missouri?

Common-law marriages in Missouri are informal marital unions created in other states. Typically, a couple chooses to live together and hold themselves out as husband and wife without getting a marriage license. Common-law married partners share a domestic life and seek the same economic and non-economic benefits as a married couple.

Although there are no alternatives to common-law marriages in Missouri, it is important to note that certain cities deviate from this norm. For instance, St. Louis allows for the registration of domestic partnerships according to the city’s 64401 ordinances. Similarly, Jackson County provides a Civil Union Registry, even though the state does not recognize civil unions.

To be recognized as domestic partners, the couple should be able to prove that they share expenses related to necessities of life such as food and shelter, and affirm that they:

  • Are not related by blood
  • Are at least 18 years old
  • Have lived together for at least one year
  • Intend to live together permanently
  • Are not legally married
  • Are responsible for each other’s welfare
  • Are each other’s domestic partner
  • Have the legal capacity to consent to a domestic partnership.

Partners looking to enjoy the benefits of conventional marriages may execute a cohabitation agreement and include desired specifics. A cohabitation agreement is a formal, legal agreement between two persons who choose to live together and share responsibilities rather than get married. Benefits enjoyed by parties to a cohabitation agreement depend on the terms of such an agreement. It is noteworthy that the cohabitation agreement is governed by contract law while a legally binding marriage is under family law.

Does the Federal Government Recognize Missouri Common Law Marriages?

The federal government does not recognize Missouri common-law marriages. However, the federal government will validate a common-law marriage of partners residing in Missouri if the union was established in a jurisdiction that supports informal marriages.