No, Maryland does not recognize common law marriage. Couples cannot become legally married in Maryland simply by living together, no matter how long the relationship lasts or how much it resembles a traditional marriage.
This often catches long-term partners off guard, especially those who share homes, finances, or children. Maryland law draws a firm line between cohabitation and marriage. Let’s understand how this law works, why common law marriage does not exist in Maryland, and what unmarried couples should understand to protect themselves.
How Marriage Is Defined in Maryland
Maryland follows a formal statutory definition of marriage. A relationship is legally recognized as a marriage only when specific legal steps are completed.
To be legally married in Maryland, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage properly solemnized
If these steps are not followed, Maryland law does not consider the couple married—regardless of commitment, cohabitation, or public perception.
Maryland has never allowed new marriages to arise informally through conduct alone.
Understanding Common Law Marriage (Maryland’s Legal View)
Common law marriage is based on the idea that a couple’s shared life and mutual commitment can substitute for a license or ceremony. In states that recognize it, courts may later confirm a marriage based on intent, behavior, and public presentation.
Maryland rejects this concept entirely. From the state’s perspective, marriage is a legal status created by deliberate compliance with the law, not something that develops gradually through living together or calling each other spouses. No matter how genuine or long-standing a relationship may be, it does not become a marriage in Maryland without following the required legal process.
Why Maryland Does Not Recognize Common Law Marriage
Maryland’s position is rooted in clarity and predictability.
By requiring formal marriage procedures, the state avoids:
- Disputes over whether a marriage ever existed
- Conflicts over property ownership and debt
- Unclear claims for spousal support
- Complicated inheritance and probate litigation
Without a license and ceremony, courts would be forced to reconstruct relationships after breakups or deaths, often based on conflicting testimony. Maryland law avoids that uncertainty by requiring clear proof of marital status from the outset.
Common Myths About Marriage in Maryland
Many long-held beliefs do not match Maryland law.
1. Living together for many years
Time alone has no legal effect
2. Calling each other husband or wife
Social labels do not create a marriage
3. Sharing finances or buying property together
Financial integration does not equal marital status
4. Raising children together
Parenthood does not convert a relationship into a marriage
Even if friends, family, or the community believe a couple is married, Maryland law will not—unless the legal requirements were met.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Maryland, the end of an unmarried relationship is not a divorce.
Property Ownership
Maryland’s marital property laws apply only to legally married spouses. For unmarried partners:
- Property generally belongs to whoever owns it or paid for it
- Jointly owned property is divided based on ownership interests
- There is no automatic equal division
No Right to Spousal Support
Alimony is available only after a legal marriage. Unmarried partners generally cannot claim spousal support after separation.
Children and Parental Rights
Child custody and child support are handled separately. Parental rights and responsibilities exist regardless of marital status.
Inheritance and the Death of a Partner
This is where misunderstandings often cause the most serious harm.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs such as children or blood relatives
Long-term cohabitation provides no inheritance protection in Maryland without proper estate planning.
Recognition of Out-of-State Common Law Marriages
Maryland will recognize a common law marriage if it was validly formed in another state that allows such marriages.
Important limits apply:
- The marriage must meet the legal requirements of the state where it was created
- Simply living together in Maryland does not create or validate a common law marriage
This often affects couples who move to Maryland from states like Colorado, Kansas, or Iowa.
Legal Alternatives for Unmarried Couples in Maryland
Since common law marriage is not an option, planning is essential for couples who want legal protection.
Cohabitation Agreements
These agreements can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Maryland courts generally enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
Without these documents, a surviving partner may have little or no legal standing.
Why This Still Matters Today
Many legal disputes arise because couples assume Maryland law treats long-term relationships as marriages. It does not.
That assumption can lead to:
- Loss of property
- No inheritance rights
- No financial protection after separation
Maryland law does not evaluate emotional commitment—it enforces legal status.
Final Takeaway
There is no common law marriage in Maryland.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Maryland law. Without a marriage license and proper legal steps, couples remain unmarried—regardless of how long the relationship lasts.
Maryland may recognize a valid common law marriage formed in another state, but it does not allow new ones to form within its borders.
