No, Michigan does not recognize common law marriage. Couples cannot become legally married in Michigan simply by living together, no matter how long the relationship lasts or how closely it mirrors a traditional marriage.
This misunderstanding is common in long-term relationships where partners share homes, finances, or children. Michigan law is clear and has been settled for well over a century. This article explain how Michigan treats marriage, why common law marriage does not exist here, and what unmarried couples should know to protect themselves.
How Marriage Is Defined in Michigan
Michigan uses a formal statutory definition of marriage. A relationship is legally recognized as a marriage only when the requirements set by state law are satisfied.
To be legally married in Michigan, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under Michigan law
- Have the marriage solemnized by an authorized official
If these steps are not completed, Michigan law does not consider the relationship a marriage—regardless of commitment, cohabitation, or how the couple presents themselves publicly.
Michigan abolished common law marriage in the 1950s and has not allowed it since.
How Michigan Understands “Common Law Marriage”
Common law marriage is the theory that a couple’s shared life, mutual understanding, and outward behavior can create a legal marriage without any formal approval by the state. In jurisdictions that allow it, courts may later confirm a marriage based on conduct rather than paperwork.
Michigan rejected this theory long ago. From Michigan’s perspective, marriage is a legal status that must begin with a clear, intentional act—not something inferred from lifestyle, longevity, or social recognition. Even a deeply committed relationship does not become a marriage unless the law’s requirements are met.
Why Michigan Does Not Recognize Common Law Marriage
Michigan’s position is based on certainty and administrative clarity.
By requiring a license and ceremony, the state avoids:
- Disputes over whether a marriage ever existed
- Conflicts involving property ownership and debt
- Unclear claims for spousal support
- Complicated inheritance and probate disputes
Without formal requirements, courts would be forced to reconstruct relationships after they end or after a partner dies. Michigan law avoids that uncertainty by requiring proof of marriage from the start.
Common Myths About Marriage in Michigan
Several persistent beliefs do not reflect Michigan law.
1. Living together for many years creates a marriage
It does not
2. Calling each other husband or wife makes it legal
Social labels have no legal effect
3. Sharing finances or buying a home together equals marriage
Financial integration does not establish marital status
4. Having children together creates spousal rights
Parenthood and marriage are legally separate
Even if everyone around a couple believes they are married, Michigan law will not—unless the legal steps were taken.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Michigan, separation between unmarried partners is not a divorce.
Property Ownership
Michigan’s marital property laws apply only to legally married spouses. For unmarried partners:
- Property 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 incorrect assumptions can be especially costly.
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 alone provides no inheritance protection in Michigan without proper estate planning.
Recognition of Out-of-State Common Law Marriages
Michigan 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 Michigan does not create or validate a common law marriage
This commonly affects couples who move to Michigan from states like Colorado, Kansas, or Iowa.
Legal Alternatives for Unmarried Couples in Michigan
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
Michigan courts generally enforce clear and 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 Michigan 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
Michigan law does not evaluate emotional commitment—it enforces legal status.
Final Takeaway
There is no common law marriage in Michigan.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Michigan law. Without a marriage license and proper legal steps, couples remain unmarried—regardless of how long the relationship lasts.
Michigan may recognize a valid common law marriage formed in another state, but it does not allow new ones to form within its borders.
If your relationship involves shared property, long-term planning, or estate concerns,
