Common Law Marriage in Indiana: Legal Requirements and Exceptions

Many couples believe that living together for a certain number of years automatically makes their relationship a legal marriage. While this may be true in some states, Indiana does not recognize common law marriage—with only a few limited exceptions.

If you’re living with a partner in Indiana and wondering about your legal rights, this article will explain what common law marriage means, what Indiana law allows, and how you can protect your relationship even without formal marriage.

Does Indiana Recognize Common Law Marriage?

No, Indiana does not allow couples to establish a common law marriage within the state. Regardless of how long a couple lives together or presents themselves as married, they are not considered legally married under Indiana law unless they obtain a marriage license and go through a ceremony with an authorized officiant.

So, even if you’ve shared a home, bank accounts, or children for years, Indiana will not grant you the legal rights of a married couple without a valid, formal marriage.

Out-of-State Recognition of Common Law Marriage

While Indiana doesn’t allow common law marriages to be created within the state, it does recognize common law marriages that were legally formed in other states.

Example:

If you and your partner:

• Established a valid common law marriage in Colorado, Texas, or another state that permits it,
• And you later move to Indiana,

Then Indiana will honor that marriage as valid under the U.S. Constitution’s Full Faith and Credit Clause. This means you’ll be treated as a legally married couple for matters like:

• Property division
• Inheritance
• Spousal rights
• Divorce proceedings

Legal Alternatives for Unmarried Couples in Indiana

Even though you can’t establish a common law marriage in Indiana, you can still take legal steps to protect your relationship, especially if you’re in a long-term domestic partnership.

1. Cohabitation Agreement

A written contract between partners outlining how assets, expenses, and responsibilities are shared. It can include:

• Property ownership
• Debt division
• Financial support if the relationship ends

2. Power of Attorney & Healthcare Directives

These legal documents allow your partner to:

• Make medical decisions on your behalf
• Access financial accounts in emergencies

3. Last Will and Testament

Without a will, unmarried partners do not automatically inherit in Indiana. Creating a will ensures your partner receives what you intend to leave them.

4. Joint Ownership & Beneficiary Designations

Make sure both partners are listed as joint owners on shared property and accounts, or as beneficiaries on insurance and retirement plans.

Common Law Marriage and Children in Indiana

If you have children together but aren’t married, Indiana law still requires both parents to:

• Provide financial support
• Share custody and parenting responsibilities

Paternity may need to be established formally if the couple is unmarried. Once recognized, parental rights and responsibilities are nearly identical to those of married parents.

Final Thoughts

While common law marriage is not legal in Indiana, couples can still secure many of the same protections through legal planning.

Whether you’re considering moving in together, have been cohabiting for years, or are relocating from another state, understanding Indiana’s stance on marriage law is essential.

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