Common Law Marriage in North Dakota: Legal Requirements and Exceptions

Many couples choose to live together and build lives without going through a formal wedding.

While some states allow for common law marriage, the rules vary widely across the U.S. If you live in North Dakota or are considering moving there, it’s important to understand the state’s position on this legal relationship.

Is Common Law Marriage Recognized in North Dakota?

No, North Dakota does not recognize common law marriages created within its borders. This means that if a couple lives together in North Dakota — no matter how long — they are not considered legally married unless they have gone through the formal legal steps to get married.

To be legally married in North Dakota, a couple must:

• Apply for a marriage license from a county office
• Participate in a ceremony officiated by a recognized officiant
• Have the marriage registered officially with the state

Without completing these steps, the relationship is not viewed as a legal marriage under North Dakota law.

Exceptions: Out-of-State Common Law Marriages

Even though North Dakota doesn’t allow couples to form a common law marriage within the state, it does recognize common law marriages that were legally established in other states where such arrangements are valid, such as Texas, Colorado, or Iowa.

This recognition is possible under the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor the laws and judicial proceedings of other states.

So, if a couple formed a valid common law marriage in another state and later moved to North Dakota, their marriage would still be legally recognized in North Dakota.

Legal Implications for Unmarried Couples

Couples who live together in North Dakota but are not legally married do not have the same rights and protections as legally married spouses. This can impact several key areas:

• Property division: Assets may not be divided evenly in a breakup unless both names are on the title or deed.
• Health care decisions: One partner may not be authorized to make medical decisions for the other in emergencies.
• Inheritance: Unmarried partners do not automatically inherit unless specifically named in a will or estate plan.
• Parental rights: Parental rights are not assumed and may require legal action, such as establishing paternity.

How Unmarried Couples Can Protect Their Rights

If you’re in a long-term relationship in North Dakota and choose not to marry, consider legal steps to protect both partners:

• Create a cohabitation agreement outlining property rights and financial responsibilities.
• Draft wills and powers of attorney to ensure your partner has legal authority in emergencies or after death.
• Put both names on jointly owned property or bank accounts.
• If you have children, legally establish custody, visitation, and support agreements if needed.

Conclusion

While common law marriage is not allowed in North Dakota, the state does recognize such marriages formed in states where they are legal. If you’re living together without a legal marriage in North Dakota, it’s important to take proactive legal steps to ensure you and your partner are protected.

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