Common Law Marriage in Minnesota: Legal Requirements and Exceptions

Many people believe that living together for a certain number of years automatically creates a “common law marriage” — a legal union without a marriage license or ceremony.

However, Minnesota does not recognize common law marriage, regardless of how long a couple has been together or how committed their relationship is.

This article explains Minnesota’s legal position on common law marriage, when such a union might be recognized, and what alternatives exist for couples who choose not to marry formally.

Is Common Law Marriage Legal in Minnesota?

No. Common law marriage is not recognized in Minnesota.

Even if a couple cohabits for decades, shares property, raises children, and presents themselves as married, they will not be considered legally married under Minnesota law unless they have obtained a marriage license and participated in a ceremony performed by an authorized officiant.

Recognition of Common Law Marriages from Other States

While Minnesota doesn’t allow new common law marriages to be established within the state, it does recognize valid common law marriages that were created in states where such unions are legal—like Texas, Colorado, or Iowa.

Example:

If a couple established a common law marriage in Colorado (where it’s allowed) and later moved to Minnesota, the marriage would be considered legally valid in Minnesota. This is based on the Full Faith and Credit Clause of the U.S. Constitution.

Recognition of an out-of-state common law marriage can impact:

• Property division
• Inheritance rights
• Health care decisions
• Divorce proceedings

Legal Alternatives for Unmarried Couples in Minnesota

Couples in long-term relationships without marriage can still protect themselves through legally binding agreements. Some useful legal tools include:

1. Cohabitation Agreements

A contract between partners that outlines:

• Ownership of shared property
• Division of expenses
• Responsibilities during and after the relationship

This can help avoid legal disputes if the relationship ends.

2. Power of Attorney

Allows one partner to make financial or medical decisions on behalf of the other in case of incapacity.

3. Health Care Directive

Specifies who can make medical decisions and outlines preferred medical treatments in emergencies.

4. Wills and Estate Planning

Unmarried partners do not automatically inherit under Minnesota’s intestacy laws. A will or trust ensures your partner receives your property after death.

5. Parental Rights

Unmarried parents must establish legal paternity or parentage to have full custody and decision-making rights for their children.

Final Thoughts

Minnesota law is clear: common law marriage is not legal or recognized if formed within the state. That said, valid common law marriages from other states are honored, and unmarried couples can still create legally enforceable protections for themselves.

If you’re in a long-term relationship and not planning to marry, taking proactive steps—like creating cohabitation agreements or estate plans—can help ensure you’re both legally protected. When in doubt, consult with a Minnesota family law attorney to review your rights and options.

About The Author