No. Michigan does not allow couples to create a new common law marriage within the state. Michigan stopped recognizing common law marriages formed in Michigan on January 1, 1957. However, Michigan can recognize a common law marriage that was legally established in another state that permits this type of marriage.
What Is a Common Law Marriage?
A common law marriage is a legally recognized marriage that can be created without a traditional wedding ceremony or marriage license, depending on the law of the state where the relationship is established.
Simply living together does not automatically create a common law marriage.
For example, a couple does not become legally married in Michigan just because they:
- Live together for many years
- Have children together
- Share a home or bank account
- Call each other husband and wife
- File some documents as a married couple
Michigan requires the legal requirements for marriage to be followed. Michigan’s official guidance explains that a marriage under Michigan law requires consent, a marriage license, and solemnization.
Does Michigan Recognize Common Law Marriage?
Yes, but only in limited circumstances.
Michigan does not permit a couple to create a new common law marriage while living in Michigan. However, Michigan recognizes certain common law marriages that were legally established elsewhere.
| Situation | Recognized in Michigan? |
|---|---|
| Common law marriage created in Michigan after January 1, 1957 | No |
| Common law marriage created in Michigan before January 1, 1957 | Yes, if otherwise valid |
| Valid common law marriage legally established in another state | Generally yes |
| Simply living together in Michigan | No |
The Michigan Judicial Institute’s Family Law Benchbook specifically states that common-law marriages are invalid in Michigan as of January 1, 1957, while recognizing common-law marriages entered into before that date or legally consummated in a state that recognizes them.
When Did Michigan End Common Law Marriage?
Michigan ended new common law marriages on January 1, 1957.
Michigan Compiled Laws § 551.2 is the key Michigan statute concerning the requirements for a valid marriage. Michigan government guidance also states that after January 1, 1957, a legal marriage in Michigan requires the required components, including a marriage license and solemnization.
Therefore, a couple who began living together in Michigan after January 1, 1957 does not become married simply because they have lived together for a long period.
Does Living Together for Years Make You Married in Michigan?
No.
There is no specific number of years that a couple must live together in Michigan to become married.
Living together for 5, 10, 20, or more years does not by itself create a marriage under Michigan law.
The same is generally true even if the couple:
- Has children together
- Owns property together
- Shares bank accounts
- Uses the same last name
- Refers to each other as spouses
- Has been in a relationship for many years
Michigan courts have explained that cohabitation is not the same as marriage.
What If You Had a Common Law Marriage in Another State?
This is an important exception.
If a couple legally established a common law marriage in another state that recognizes common law marriage, Michigan may recognize that marriage after the couple moves to Michigan.
For example, suppose a couple legally establishes a common law marriage in a state where common law marriage is permitted. They later move to Michigan. The fact that Michigan does not allow new common law marriages does not automatically mean that their existing marriage is invalid.
Michigan’s Family Law Benchbook states that common-law marriages legally consummated in a state recognizing them can be recognized in Michigan. Michigan government guidance likewise confirms that Michigan recognizes common law marriages entered into in accordance with the laws of other states.
However, whether a relationship qualifies as a valid common law marriage is determined under the law applicable where the marriage was allegedly established. The couple may need evidence showing that the requirements of that state were satisfied.
What Rights Do Unmarried Couples Have in Michigan?
A couple who is not legally married does not automatically receive all of the legal rights and protections available to married spouses.
Depending on the circumstances, issues can arise concerning:
- Property ownership
- Inheritance
- Estate planning
- Medical or financial decision-making
- Retirement benefits
- Insurance benefits
- Financial responsibilities after separation
These rights can depend on the specific documents, ownership arrangements, beneficiary designations, and applicable Michigan law.
Because every situation is different, unmarried couples with significant property or financial interests may want to speak with a Michigan attorney about appropriate legal documents.
How Can Unmarried Couples Protect Themselves in Michigan?
Couples who are not legally married can consider legal planning such as:
1. Cohabitation Agreement
A cohabitation agreement can establish how certain property, expenses, and financial responsibilities will be handled.
2. Will and Estate Planning
A will can help explain how a person’s property should be distributed after death.
3. Power of Attorney
A power of attorney can authorize another person to make certain financial or legal decisions when permitted by law.
4. Property Agreements
Written agreements and properly documented ownership can help reduce disputes concerning jointly owned property.
The appropriate documents depend on the couple’s circumstances.
Can You Get Divorced in Michigan If You Have an Out-of-State Common Law Marriage?
Potentially, yes.
If a couple has a legally valid common law marriage that Michigan recognizes, the relationship can have legal consequences similar to other recognized marriages. Ending a recognized marriage may require a formal divorce or other appropriate legal proceeding.
Whether a particular out-of-state common law marriage exists in the first place can be a legal question based on the law of the state where the relationship was established.
Does Michigan Recognize a Common Law Marriage From Texas?
Michigan can recognize a common law marriage that was legally established in Texas, provided the relationship actually meets Texas’s requirements for a valid common law marriage.
Moving from Texas to Michigan does not by itself create a common law marriage. The important question is whether a valid marriage was established under the applicable Texas law.
The same principle can apply to a qualifying common law marriage established in another state that recognizes this type of marriage.
Does Michigan Recognize a Common Law Marriage From Colorado?
Generally, Michigan can recognize a common law marriage that was legally established in Colorado, provided the relationship was valid under the applicable Colorado law.
The couple should be able to establish that the requirements for a valid common law marriage were satisfied where the marriage was created.
Key Takeaways
- Michigan does not allow new common law marriages to be created within the state.
- Michigan ended new common law marriage recognition on January 1, 1957.
- Living together for many years does not automatically make a couple married in Michigan.
- Having children together does not automatically create a marriage.
- Sharing property or finances does not automatically create a marriage.
- Michigan may recognize a common law marriage that was legally established in another state where common law marriage is permitted.
- A couple claiming an out-of-state common law marriage may need evidence that the marriage was legally established.
- Unmarried couples can use legal and estate-planning documents to address property and financial issues.
Michigan Common Law Marriage Law
The primary Michigan statute to review is Michigan Compiled Laws § 551.2.
Michigan government materials explain that after January 1, 1957, a marriage cannot be created in Michigan without the required legal components. Michigan court materials also expressly discuss the recognition of qualifying common-law marriages formed in other states.
Frequently Asked Questions
Is common law marriage legal in Michigan?
No. Michigan does not allow couples to create a new common law marriage within Michigan. However, Michigan may recognize a valid common law marriage legally established in another state that permits common law marriage.
How many years do you have to live together to be common law married in Michigan?
There is no number of years that automatically creates a common law marriage in Michigan. Living together for a long time does not by itself make a couple legally married.
When did Michigan stop common law marriage?
Michigan stopped recognizing new common law marriages created within the state on January 1, 1957.
Can you be common law married in another state and live in Michigan?
Yes, potentially. Michigan recognizes qualifying common law marriages that were legally established in another state that recognizes them.
Does living together and having children make you married in Michigan?
No. Living together and having children do not, by themselves, create a legal marriage in Michigan.
Do unmarried couples have rights in Michigan?
Unmarried couples can have legal rights based on property ownership, contracts, wills, beneficiary designations, and other legal arrangements. However, they do not automatically receive all rights given to legally married spouses.
Conclusion
Michigan does not have new common law marriage. A couple cannot become legally married in Michigan simply by living together, regardless of how many years they have been together. Michigan ended new common law marriages on January 1, 1957.
There is an important exception: Michigan may recognize a common law marriage that was legally established in another state where common law marriage is permitted. Whether a particular relationship qualifies depends on the applicable law and facts.
If you are unsure whether your relationship constitutes a valid marriage, especially because you previously lived in another state, consider getting advice from a qualified Michigan family-law attorney.
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Prabh Kalsi is the founder and publisher of Law Act. He manages the website’s content research, organization, editing, and publishing. Law Act’s legal content is developed using publicly available legislation, government resources, official publications, and other authoritative sources. The website provides general legal information for educational and informational purposes and does not provide personalized legal advice.