Common Law Marriage in New Jersey: Everything You Need to Know
In the United States, marriage laws vary by state, and common law marriage is one area that causes confusion for many individuals. Common law marriage, where couples are considered legally married without a formal ceremony or marriage license, is allowed in some states but not in others. New Jersey, however, does not recognize common law marriages. Understanding this important distinction can save individuals from legal misunderstandings about their relationship status and rights.
In this article, we’ll explore what common law marriage is, how it operates in other states, and clarify New Jersey’s stance on common law marriage. We’ll also touch on alternatives for couples in New Jersey who want legal recognition of their relationship.
What Is Common Law Marriage?
Common law marriage is a legal framework that allows couples to be considered married, even if they have not gone through a formal marriage ceremony or obtained a marriage license. In states that recognize common law marriage, couples can gain marital rights and benefits after living together for a certain number of years, holding themselves out as married, and having the intent to be married.
To establish a common law marriage, typically, the couple must meet these general criteria:
- Cohabitation: The couple must live together for an extended period.
- Mutual Consent: Both parties must agree they are in a marriage-like relationship.
- Holding Out to Others as Married: The couple must present themselves to others as married, which may include using the same last name, referring to each other as spouses, or filing joint tax returns.
- Intention to Be Married: Both parties must intend to be legally married, as evidenced by their actions and declarations.
Does New Jersey Recognize Common Law Marriage?
Unlike several states that recognize common law marriages, New Jersey does not. New Jersey law requires couples to obtain a marriage license and have a formal ceremony in order to be legally recognized as married. This means that simply living together for a certain period or presenting yourselves as married does not grant you the legal benefits and protections of marriage in the state.
Why Doesn’t New Jersey Recognize Common Law Marriage?
New Jersey’s rejection of common law marriage stems from its desire for clear legal standards regarding marriage. In the absence of common law marriage, couples in New Jersey must formally marry to receive the legal rights associated with marriage. There is no ambiguity about the status of married individuals because the state requires an official legal process to establish marital status.
While common law marriages were once recognized in New Jersey, they were officially abolished in 1939. Since then, couples in New Jersey must complete the formal process to marry. This law exists to provide clarity and reduce potential confusion over legal rights in situations involving property, inheritance, tax status, and health care.
Alternative Legal Protections for Couples in New Jersey
Although New Jersey does not recognize common law marriage, there are other ways couples can gain legal protections and rights similar to those of married couples.
1. Domestic Partnerships
New Jersey offers domestic partnerships for same-sex couples (since 2004) and heterosexual couples (since 2007). A domestic partnership provides some of the same legal rights as marriage, including health insurance benefits, inheritance rights, and rights related to property and medical decisions.
To qualify for a domestic partnership in New Jersey, a couple must meet certain requirements:
- They must live together and share a domestic life.
- They must not be married or in another domestic partnership.
- They must be at least 18 years old and not related by blood in a way that would prohibit marriage.
Domestic partnerships provide a legal alternative for couples who want to formalize their relationship and secure some marital benefits without having to go through a traditional marriage ceremony.
2. Civil Unions
New Jersey also offers civil unions for same-sex couples. Civil unions provide many of the same legal benefits as marriage, including inheritance rights, health benefits, and property rights. While civil unions are recognized by New Jersey, they are not recognized by all other states, which may create complications for couples who travel or relocate.
3. Cohabitation Agreements
Couples who live together but do not wish to marry or enter into a domestic partnership may choose to enter into a cohabitation agreement. A cohabitation agreement is a legal contract that outlines how property will be divided, how finances will be managed, and other important matters related to the couple’s living arrangement. While not the same as a marriage, a well-crafted cohabitation agreement can offer some legal protections for both partners in the event of a breakup.
Implications for Property and Financial Matters in New Jersey
Since New Jersey does not recognize common law marriage, unmarried couples do not have the same property and financial rights as married couples. This means:
- Property Rights: If a couple buys property together, they must specify in a written agreement how property will be divided in the event of a breakup. Without a formal marriage or domestic partnership, property disputes may be more difficult to resolve.
- Inheritance: Without a legal marriage or domestic partnership, one partner does not automatically inherit the deceased partner’s property. A will must be in place to ensure inheritance rights.
- Tax Benefits: Only married couples or those in domestic partnerships are eligible for certain tax benefits. For unmarried couples, filing taxes as a “married couple” is not an option.
- Health and Medical Decisions: If one partner becomes ill or incapacitated, the other partner may not have automatic rights to make medical decisions or access medical records unless there is a legal document, like a medical power of attorney, in place.
Is Common Law Marriage Legal in Any Other States?
While New Jersey does not recognize common law marriage, other states do. Some states that allow common law marriages include:
- Colorado
- Iowa
- Texas
- Pennsylvania (for marriages established before 2005)
- Kansas
- Utah
It’s important to check the laws in your specific state to determine whether common law marriage is recognized and the criteria for establishing such a marriage.
Key Takeaways
- New Jersey does not recognize common law marriage. Couples in New Jersey must obtain a marriage license and have a formal ceremony to be legally recognized as married.
- Alternative legal options for couples in New Jersey include domestic partnerships, civil unions, and cohabitation agreements, which can provide some legal protections and rights similar to those of marriage.
- It’s important for couples who live together in New Jersey to understand their legal rights and take steps such as drafting cohabitation agreements or setting up power of attorney documents to ensure they are protected in case of emergencies or relationship changes.
Conclusion
While common law marriage may be recognized in some states, New Jersey requires couples to follow the formal process to gain legal marital status. For those in long-term relationships, there are various legal options available to protect your rights. Whether you’re considering marriage, domestic partnership, or simply wish to formalize your living arrangement with a cohabitation agreement, understanding New Jersey’s laws and alternatives is crucial for securing your legal rights.