What Is Common Law Marriage in Maryland?

Common law marriage is a type of marriage that does not require a formal ceremony or marriage license. Instead, it is a legally recognized union that is formed based on the couple’s actions and intentions to be married. While common law marriage is not recognized in all states, including Maryland, the state does acknowledge such unions that were established in other jurisdictions.

In Maryland, common law marriages are not recognized or formed within the state’s borders. However, the state does acknowledge common law marriages that were validly formed in other jurisdictions. This means that if a couple established a common law marriage in a state that recognizes it, and they move to Maryland, their marriage will still be considered legally valid.

Despite not recognizing new common law marriages, Maryland provides legal protection and benefits to couples in valid common law marriages from other jurisdictions. These protections include inheritance rights, insurance coverage, and the ability to make medical decisions for a spouse.

Frequently Asked Questions about Common Law Marriage in Maryland:

1. Can I establish a common law marriage in Maryland?
No, Maryland does not recognize or allow the formation of new common law marriages within its borders.

2. I have a common law marriage from another state. Will it be recognized in Maryland?
Yes, Maryland recognizes common law marriages that were validly established in other jurisdictions.

3. How do I prove the existence of a common law marriage in Maryland?
To prove the existence of a common law marriage in Maryland, you will need to provide evidence such as joint bank accounts, shared property, or testimonies from friends and family who can attest to your relationship.

4. Do I need a divorce to end a common law marriage in Maryland?
If you have a valid common law marriage from another state, you will need to obtain a legal divorce to end the marriage in Maryland.

5. Can same-sex couples have a common law marriage in Maryland?
Yes, same-sex couples can have a common law marriage in Maryland if it was validly established in a jurisdiction that recognizes same-sex marriages.

6. Can I file joint taxes with my common law spouse in Maryland?
If you have a valid common law marriage from another jurisdiction, you can file joint taxes in Maryland.

7. Can I receive spousal support if I have a common law marriage in Maryland?
If you have a valid common law marriage from another state, you may be eligible for spousal support in Maryland if you meet the state’s requirements.

8. Can I inherit property from my common law spouse in Maryland?
If you have a valid common law marriage from another jurisdiction, you have the same inheritance rights as legally married couples in Maryland.

9. Can I change my name after a common law marriage in Maryland?
If you have a valid common law marriage from another state, you can change your name in Maryland based on your marriage certificate from the other jurisdiction.

In conclusion, while Maryland does not recognize or allow the formation of new common law marriages within its borders, it does recognize and provide legal protection to those marriages that were validly established in other jurisdictions. If you have questions or concerns about common law marriage in Maryland, it is advisable to consult with a family law attorney to understand your rights and obligations in your specific situation.