Common Law Marriage in Michigan: Legal Requirements and Exceptions

Many couples believe that simply living together for a certain number of years means they are legally married, but this isn’t always the case—especially in states like Michigan, where the law takes a strict stance on informal unions.

If you’re in a long-term relationship in Michigan and wondering about your legal rights, here’s what you need to know about common law marriage, including its legal status, exceptions, and options for legal protection.

Is Common Law Marriage Legal in Michigan?

No, Michigan does not recognize new common law marriages. The state abolished the recognition of common law marriages formed within its borders after January 1, 1957.

This means that couples who began living together in Michigan after that date—no matter how long they’ve been together—do not have the legal status of a married couple unless they obtained a valid marriage license and had a formal ceremony.

Exception: Common Law Marriages Established Before 1957

Michigan will still recognize a common law marriage only if it was established before January 1, 1957, and meets the necessary conditions:

• The couple agreed to be married.
• They lived together as spouses.
• They held themselves out to the public as being married.

Such cases are rare today, given the time that has passed since the cutoff date.

Recognition of Common Law Marriages from Other States

While Michigan doesn’t allow common law marriage within its borders, it does recognize valid common law marriages that were legally established in other states.

For example, if a couple met the legal criteria for a common law marriage in Texas or Colorado and then moved to Michigan, the state will generally honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution.

Legal Alternatives for Unmarried Couples in Michigan

Couples who live together without marrying in Michigan can still take legal steps to protect their rights:

1. Cohabitation Agreement

A written agreement that outlines how assets, debts, and property will be handled during the relationship and in case of a breakup.

2. Durable Power of Attorney & Health Care Proxy

These allow your partner to make financial or medical decisions for you in an emergency.

3. Wills and Estate Planning

Without a legal marriage, a partner has no automatic inheritance rights in Michigan. A will or trust can ensure your partner is taken care of.

4. Joint Ownership Agreements

When buying property together, having a legally binding agreement clarifies each partner’s share and what happens if the relationship ends.

Parental Rights and Unmarried Couples

In Michigan, a child born to an unmarried couple does not automatically establish legal paternity. The father must sign an Acknowledgment of Parentage or go through a court process to establish paternity, which is necessary for custody, visitation, or child support.

Final Thoughts

Michigan does not allow new common law marriages, but it will honor relationships that meet the criteria in other states. If you’re in a long-term relationship without a marriage license, it’s important to take legal steps to protect your finances, property, and medical decisions.

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