Some states, such as Colorado, Alabama, Texas and Pennsylvania, recognize common-law marriage. Minnesota does not.
Common-law marriage was abolished in Minnesota in 1941.
However, Minnesota does recognize common-law marriages entered outside the State of Minnesota.
In other words, if you have legally established a common-law marriage elsewhere, and have moved to Minnesota, then your marital relationship is recognized under Minnesota law. Courts will give “full faith and credit” to the marital relationship.
If you live in the State of Minnesota, and are cohabitating with a domestic partner, it is highly recommended that you sign a cohabitation agreement. As cohabitants, you are better protected if you do so.
Such agreements address the division of property in the event that your relationship fails. Otherwise, the Court will typically allocate property in direct proportion to the litigants’ financial contribution.
If you have a question concerning cohabitation agreements, or wonder whether your common law marriage is legally recognizable under Minnesota law, we’re here to help.
Call (763) 323-6555 to speak with one of our experienced family law attorneys free of charge.