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Minnesota Common Law Marriage

What is Common-Law Marriage in Minnesota?

Common-law marriage describes a situation where persons are considered to be married, without conducting a formal marriage or obtaining a marriage license from the state of Minnesota. Since Common law marriages are not legally recognized, creating or ratifying common law marriages is not possible. However, Minnesota allows the legal recognition of common-law marriages that have been contracted in other jurisdictions, in compliance with the US Constitution’s Full Faith and Credit Clause.

While common-law marriages can not be created in the state, a union established in another jurisdiction offers a cheap alternative to couples who want to avoid formal wedding ceremonies. Partners should note that the State of Minnesota does not create a formal means for the dissolution of common-law marriages.

Marriage in Minnesota

In 2019, the marriage rate in Minnesota was 5.1 marriages per 1,000, the state’s lowest since 1990. This also falls considerably short when compared with the federal average of 6.1 marriages per 1,000.

Does Minnesota Recognize Common-law Marriages?

According to a law passed in 1941, common-law marriages can not be formed in the state. However, the state may recognize unions contracted in other jurisdictions where none of the marriage participants are underaged or closely related.

What is a Domestic Partnership in Minnesota?

While there are varying definitions of domestic partnerships in Minnesota, most unions involve two adults who are not related by blood, are able to establish a contract, and can enter a committed interdependent relationship.

Nineteen cities in Minnesota currently allow for the registration of domestic partnerships. These cities include Crystal, Duluth, Eagan, Eden Prairie, Edina, Falcon Heights, Golden Valley, Hopkins, Maplewood, Minneapolis, Northfield, Red Wing, Richfield, Robbinsdale, Rochester, Saint Louis Park, Saint Paul, Shoreview, and Shorewood.

Of these cities, Minneapolis was the first to institutionalize domestic partnerships with an ordinance established in 1991. Such domestic partnerships can be ratified in any of the above cities for a small fee, usually between $25 and $50. Couples with valid domestic partnerships are issued certificates as proof.

What is a Cohabitation Agreement in Minnesota?

According to Minnesota State Statute 513.075, cohabitation agreements are legal contracts that outline the terms, conditions, responsibilities, and rights of unmarried couples who live together or intend to live together. This agreement is useful for protecting the assets of the cohabitants and is enforceable at the expiration of a relationship. Couples in relationships with children are advised to enact cohabitation agreements to make terminating the relationships easier.

Minnesota Common-law Marriage and Palimony

Since Minnesota does not recognize common-law marriages, palimony is not recognized by default. Minnesota State Statute 513.075, nicknamed “anti-palimony,” stipulates that the only form of compensation obtainable from a relationship must be rightly stated in a cohabitation agreement. Outside of this agreement, the state of Minnesota does not recognize rights to palimony or compensation after the termination of a relationship.

What Are the Requirements for a Common-law Marriage in Minnesota?

Common law marriages cannot be created within the state. However, since Minnesota may recognize common-law marriages contracted in other jurisdictions, the union must have been contracted according to the guidelines of the jurisdiction where the common-law marriage was created. Most states with applicable laws have the following requirements:

  • The parties must be of age.
  • The parties must give mutual consent to the common law marriage
  • The parties must have presented themselves as a couple to their immediate community.

How Many Years Do You Have to Live Together for Common-Law Marriage in Minnesota?

Since Minnesota does not recognize common-law marriages formed within the state, there is no duration required for common-law couples to live together. Instead, Minnesota validates relationships that meet the cohabitation requirement in the state of creation.

What is an Informal Marriage in Minnesota?

The term informal marriage is used in the state of Texas to describe common-law marriages according to Section 2.401 -2.405 of the Texas code. Although such unions cannot be formed in Minnesota, the state recognizes informal marriages that follow all the guidelines laid down by Texas law.

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

Minnesota residents who are legally free to marry have met the state’s requirement for establishing a formal marriage. State law requires that both parties are above the age of 18, are mentally capable of consenting to a marriage, and are not related by blood, half-blood, or adoption.

What is Intent to Marry in Minnesota?

Minnesota partners declare an intent to marry when they mutually agree to enter a marriage. After the declaration of intent, the couple must notify the state by requesting a marriage license from the nearest local registrar. The marriage license is an official document that permits couples to get married. Parties must note that marriage licenses are valid for 6 months, after which the couple must reapply if they did not conduct a marriage ceremony.

How Do You Prove Common-Law Marriage in Minnesota?

Minnesota couples who need to prove the existence of a common-law marriage must submit documentation that their union was established outside the state. Couples may also provide documents that they continued to meet the conditions required of a common-law marriage upon relocation to Minnesota. Tenable documents include:

  • Common-law affidavits that have been issued in other jurisdictions.
  • Joint account details
  • Joint liabilities
  • Joint ownership of property
  • Written agreement between partners.
  • Wills and other related documents stating each partner as a benefactor.

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 Minnesota After Death?

Common-law marriage affidavits, domestic partnership agreements, and wills or documents stating next or kinship are important in establishing the existence and legality of a common-law marriage. Persons looking to prove a common-law marriage after a spouse’s death must provide any of these documents, or other available records that may establish the union. In some cases, testimonies from family and friends who were aware of the union may also be considered.

Third-party websites may provide a convenient solution to obtaining related public 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)

Do Common-Law Marriages Require a Divorce?

Minnesota does not provide any method of ending a common-law marriage. Common-law couples living in Minnesota who wish to terminate their relationship must file relevant petitions according to the laws in the jurisdictions where the marriages were created.

Does a Common-law Wife Have Rights in Minnesota?

Common-law wives residing in Minnesota may access all relevant rights and privileges that should accrue to a formally married wife. This only applies if the marriage was created in a state with supposting laws. Common-law wives in unions created in Minnesota may not enjoy any rights, unless they were included in a cohabitation agreement signed by both parties.

Can a Common-law Wife Collect Social Security in Minnesota?

Minnesota common-law wives may collect social security if the marriage was established in a state that recognizes such unions. Under the law, persons are eligible to collect social security if the claimant is older than 62 years old. In some cases, a claimant caring for a child under 16 years old may also be available.

Are Common-law Wives Entitled to Half in Minnesota?

Common law marriages that have been rightly recognized by the state are entitled to property sharing fairly and equitably. Minnesota does not enforce the need to share properties 50/50.

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

Common-law marriage affidavits can only be issued in states where such marriage was formed. Since Minnesota does not recognize common-law marriages created within, such affidavits are not available in the state.

When Did Common-Law Marriage End in Minnesota?

Common-law marriages were outlawed in 1941, according to the 1941 Supplement to the Mason Minnesota Statutes of 1927. However, common-law marriages entered into before 1941 are not considered void.

What is Considered Common-law Marriage in Minnesota?

Common-law marriages in Minnesota are not legally recognized by the state. Minnesota couples cannot establish a common-law union by living together, sharing marital responsibilities, or holding themselves out to the public as a married couple. Minnesota only validates common-law marriages established in states where such unions are supported by law.

Is a Domestic Partnership the Same as a Common-Law Marriage?

Domestic partnerships and common-law marriages are not the same. In Minnesota, domestic partnerships are backed by city ordinances across nineteen cities. On the other hand, common-law marriages are not backed by law anywhere in the state, and are only validated if properly established outside Minnesota.

Does the Federal Government Recognize Minnesota Common-law

The federal government does not recognize common-law marriages created within Minnesota. For federal government recognition, a common-law union must have been created in South Carolina, Texas, New Hampshire, Utah, Rhode Island, Kansas, Iowa, Montana, Colorado, Oklahoma and the District of Columbia.