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Indiana Common Law Marriage

What is Common Law Marriage?

Common-law marriage in Indiana is the union of two individuals who live together and relate as a married couple without obtaining a marriage license. Before Indiana abolished common-law marriages in 1958, partners could receive official recognition of their union without going through a formal marriage ceremony. Common-law married partners have rights and benefits in states where this type of union is recognized. These benefits allow common-law partners the same rights and responsibilities accessible to couples with official marriage licenses, some of which include:

  • Spousal support
  • Right to child custody in the event of separation
  • Right to spousal inheritance upon the demise of a wife or husband
  • Property division in the event of divorce
  • Right to hospital visitation and also to decide on the medical care of a spouse
  • Right to visit a spouse in jail or prison
  • Tax deductions and exemptions

A common-law marriage provides a legal alternative to traditional marriage. However, there are some downsides to this arrangement, including:

  • The burden of proof: If one party dies, a common-law marriage becomes more difficult to prove
  • Common-law married couples may not be eligible for rights or entitlements outside the US

Marriage in Indiana

In 2019, Indiana had a marriage rate of 6.2 marriages per 1,000 residents. A survey conducted in the same year showed that 50% of males at least 15 years of age were married in 2019, compared to 48% of females. The same survey also revealed that 14% of females were divorced, versus 12% of males.

Does Indiana Recognize Common Law Marriage?

From January 1, 1958, according to section 31-11-8-5 of the Indiana Code, common-law marriages are void in the state of Indiana. Nevertheless, the state recognizes all common-law marriages established in jurisdictions where this type of union is valid, in compliance with the US constitution’s Full Faith and Credit Clause. Outside the formal marriage union, the United States of Indiana allows unmarried parties to enter into cohabitation agreements. However, in the event of separation, couples in cohabitation arrangements are not entitled to divorce proceedings.

What is a Domestic Partnership in Indiana?

Indiana does not recognize domestic partnerships conducted within its borders. However, the state validates relationships entered into in states with legal backing. Domestic partnerships entitle couples to visitation rights, spousal rights, and in the event of separation, equitable distribution and joint ownership of properties.

What is a Cohabitation Agreement in Indiana?

In Indiana, a cohabitation agreement is a legal agreement outlining the rights and responsibilities of unmarried partners (homosexual or heterosexual) who live together. This agreement includes entitlements and also specifies methods of dividing assets and liabilities in the event of a separation. Couples in romantic relationships may establish cohabitation agreements if they are not ready to marry but have joint endeavors, such as bank accounts and properties.

Indiana Common-law Marriage and Palimony

The state of Indiana does not recognize common-law marriages conducted within its borders. However, the state adopts a palimony system that allows partners to receive varying levels of financial support from their spouses. Cohabitants who sign a written agreement may receive or pay palimony depending on the details of the agreement. In other cases, a court may grant palimony based on other factors specific to the common-law union.

What Are the Requirements for a Common Law Marriage in Indiana?

Indiana law does not provide requirements for establishing a common-law marriage. The state only recognizes unions created in other states that recognize this type of union. Indiana also allows interested persons to create cohabitation agreements if both parties are unwilling to get married. Requirements for a common-law marriage in Indiana may depend on the law in the state of creation. Usually, common-law marriages require the following conditions:

  • The parties must not be in any other union with another person.
  • The parties must be above the age of 18.
  • The union should have the consent of both parties.

Out-of-state couples may apply for domestic partnerships by submitting duly signed domestic partnership forms to the office of the Indiana Secretary of State. Couples may also submit the forms in persons at:

Indiana Secretary of State,
Corporations Division
201 Statehouse
Indianapolis, IN 46204.

How many years do you have to Live Together for Common Law Marriage in Indiana?

Indiana does not recognize the validity of common-law marriages conducted within its borders, regardless of the length of time the couple has lived together. However, the state's family law recognizes cohabitation and may give certain marital rights to couples who sign a cohabitation agreement.

What Does it Mean to be Legally Free to Marry in Indiana?

In Indiana, a person who is legally free to marry has fulfilled the requirements outlined by the state. Some of the requirements are as follows:

  • The persons must be 18 years or older (Indiana code 31-11-10-1)
  • The persons must be mentally competent (Indiana code 31-11-10-1)
  • The intending couple must not be more closely related than second cousins. However, first cousins may marry if they are both at least 65 years old (Indiana code 31-11-1-2)
  • Neither party should be in another marriage or a similar relationship. (Indiana code 31-11-1-3)

What is Intent to Marry in Indiana?

An intent to marry in Indiana is a form filled and signed by intending couples showing their commitment to getting married. However, intending couples are not required to write a letter as verbal affirmation is also considered valid. Parties should note that an intent to marry may be required for residency applications at the federal level if one partner is not an American citizen.

What is an Informal Marriage in Indiana?

Common-law marriages conducted in Texas are known as informal marriages. Indiana does not recognize informal marriages that are established in the state. However, the state allows valid marriages established in other states where laws support such unions. Therefore, a common-law marriage created in Texas is also valid in Indiana. However, this union is referred to as an informal marriage in Texas.

How Do You Prove Common Law Marriage in Indiana?

To prove a common-law marriage in the state of Indiana, partners may need to sign an agreement showing that they willingly want to establish the union. If one party denies the union, the refuting partner may be required to provide an affidavit to the effect. Other ways a couple can prove the existence of a common-law marriage include:

  • Evidence of joint ownership of residential property
  • Documents showing the same address for both parties such as a driver's license or insurance policies.
  • Proof of rental agreements as well as joint leases.
  • Documents showing shared utility accounts, Examples include telephone, gas, and electricity bills.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common Law Marriage in Indiana After Death?

Following one partner’s death, the surviving spouse can prove the existence of a common-law marriage by providing supporting documents. Where available, the spouse may submit written testimonials by two blood relations of the deceased to confirm the claims.

Do Common Law Marriages Require a Divorce?

Partners in a common-law marriage require a divorce to end the relationship. The party requesting the divorce must file a divorce petition as required of traditional marriage. Though couples may handle the divorce without an attorney, hiring one may help guide the process especially considering the peculiarities of common-law marriage. The filing party must prove that the marriage existed, using details that may affect the court’s ruling on child custody, property division, and spousal support. Completing the divorce process may be easier for common-law married parties who established a cohabitation agreement.

Does A Common-Law Wife Have Rights in Indiana?

The state of Indiana protects the rights of common-law wives who established their marriages in jurisdictions with legal backing. Both parties may claim the same rights as persons in formal marriages.

Can a Common Law Wife Collect Social Security in Indiana?

Indiana common-law wives can collect social security if the marriages were created in states that recognize common-law marriages. Social security may also be given to couples who entered into common-law marriages before it was abolished in the state of Indiana. However, meeting the validity requirement may not be enough to collect social security benefits. The requestor may need to support claims by providing a completed statement of marital relationship form and a statement from a relation attesting to the credibility of common-law marriage. Some of the details required of applicants include the following:

  • The state, town, and city where the common-law marriage occurred
  • The number of children (if any) produced by the relationship
  • The year and month the couple started living as husband and wife
  • The places the partners have lived together as a couple and the length of time lived in such places
  • Both partners’ former names if there was a change of name after the common-law marriage
  • The names of friends and family members who know about the relationship.

Are Common Law Wives Entitled To Half In Indiana?

Although they can access the same marital rights as wives in formal marriages, Indiana common-law wives are not immediately entitled to half. Instead, Indiana’s community property laws require the equitable division of jointly-owned income or properties in the event of a divorce. Sometimes, the equitable division requires a 50-50 split.

Indiana courts consider certain factors before deciding if properties should be split in half. Some of these factors include economic stability and other contributions to the union. The community property law only applies to joint properties owned by both partners while they were married. Properties owned separately or received by inheritance may not be divided.

How Do You Get A Common-Law Marriage Affidavit in Indiana?

Common-law marriage affidavits are only issued by states that recognize and support this type of relationship. The state of Indiana does not recognize common-law marriages and therefore does not issue common-law affidavits. In states with applicable laws, requirements for obtaining common-law marriage affidavits may differ. However, affidavits generally contain the following information:

  • The names of the partners involved.
  • The state where the couples agreed to enter the relationship.
  • The date the parties decided to enter into a common-law marriage.
  • An indication that both parties are not minors and were legally qualified to marry.
  • Previous marriage relationships entered into by either party. Details include wedding dates, how the relationship ended, and documents supporting the termination. This is for both traditional and common-law relationships.

When Did Common Law Marriage End in Indiana?

Common-law marriages were abolished in the state of Indiana in 1958. Section 31-11-8-5 of the Indiana code voids any common-law marriage conducted in the state after January 1, 1958. However, the state recognizes common-law marriages conducted before 1958 and those conducted in other states with applicable laws.

What is Considered Common Law Marriage in Indiana?

Indiana law does not provide considerations for common-law marriages created within the state. Apart from out-of-state unions, Indiana only recognizes unions between two adults with rights, duties, and obligations as stipulated by the state’s marriage law. A valid marriage is one where the couple obtained a marriage license at the circuit court in the county where either party resides.

Does the Federal Government Recognize Indiana Common Law Marriages?

Common-law marriages recognized by the federal government are those from states where laws support this type of union. Since Indiana no longer recognizes common-law marriages, the federal government only validates Indiana common-law marriages entered before January 1, 1958. Nine U.S states and the District of Columbia recognize common-law marriages as of June 1, 2021. The states include:

  • Utah
  • Iowa
  • South Carolina
  • Texas
  • New Hampshire
  • Kansas
  • Colorado
  • Montana
  • Rhode Island

Some states recognize common-law marriages if entered into before specific dates. Other common-law marriages entered beyond those dates are not recognized by the law. States with partial recognition include:

  • Indiana (1958)
  • Alabama (2017)
  • Florida (1968)
  • Georgia (1997)
  • Ohio (1991)
  • Pennsylvania (2005)

The federal government also considers federal income tax and immigration applications valid if filed from states that recognize the union.