If you’re living in Indiana and wondering about common-law marriage, you’re not alone. Many people have questions about whether living together for years or presenting yourselves as a married couple constitutes a legally recognized marriage in the state. You might have invested a large portion of your life (and finances) to another person. Without a ring on your finger, does any of these efforts matter? This blog will explain what you need to know about common-law marriage in Indiana, the history, and how it might still apply in certain unique circumstances.
Indiana officially abolished common-law marriage in 1958. This means that, since that time, couples in Indiana cannot establish a common-law marriage regardless of how long they live together or whether they hold themselves out to the public as married. Even if you meet the traditional requirements of common-law marriage (such as cohabitation and mutual agreement to be married), Indiana will not recognize your relationship as a marriage unless you complete a formal marriage ceremony and obtain a marriage license.
So, does this mean common-law marriages are completely irrelevant in Indiana? Not entirely. While Indiana does not allow common-law marriages to be established within the state, it does recognize common-law marriages that were validly formed in other states. For example, if a couple lived in a state where common-law marriage is still legal (such as Colorado or Texas) and met all the requirements for a common-law marriage there, Indiana will honor that marriage if the couple moves to Indiana.
This recognition is based on the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to respect the legal acts and decisions of other states. As such, couples moving to Indiana with a valid common-law marriage from another state will have the same legal rights and responsibilities as couples who were formally married.
Why did Indiana ever abolish common-law marriage in the first place? Well, the decision to abolish common-law marriage was largely driven by the desire to reduce legal disputes and ambiguities surrounding marital status. Formalizing marriage through a licensing process provides clear documentation and helps avoid potential conflicts over property division, inheritance, and other legal matters that can arise when a relationship ends or one partner passes away.
A common misconception is that living together for a certain number of years—whether it’s five, ten, or even fifty—automatically creates a common-law marriage. This is not true in Indiana. Regardless of the duration of your cohabitation or the depth of your commitment, your relationship will not be recognized as a marriage unless it was formalized through the proper legal process.
Protecting Your Rights Without a Marriage
For couples who choose not to marry but still want to protect their legal rights, there are alternatives to consider:
- Cohabitation Agreements: These contracts can outline the division of property, financial responsibilities, and other terms for couples living together.
- Estate Planning: Wills, trusts, and powers of attorney can help ensure that your partner is provided for in the event of your death or incapacity.
- Joint Ownership of Assets: Clearly defining ownership of property and financial accounts can help prevent disputes if the relationship ends.
In conclusion, Indiana does not recognize common-law marriages established after 1958. Common-law marriages validly formed in other states will be recognized in Indiana. Simply living together or presenting yourselves as married, or even in a committed and exclusive relationship, does not create a legally binding marriage in Indiana. Couples can use legal agreements and estate planning tools to protect their rights without formal marriage.
If you have questions about your relationship’s legal status and how to protect your rights, consulting with a qualified family law attorney is an excellent first step. Ciyou & Associates, PC has qualified and experienced attorneys who have been practicing for approximately thirty (30) years. Understanding the law explained by a professional can help you make informed decisions and protect your rights moving forward.
This blog is not legal advice. It is an advertisement.
