Common-law marriage is a type of marriage that doesn’t involve a formal ceremony or marriage license. It’s rooted in history, but its legal implications vary a lot from place to place.
Some states recognize common-law marriages, while others don’t. Arizona does not recognize common-law marriages formed within the state.
This article will explore the ins and outs of Arizona law on this topic. We’ll look at whether Arizona recognizes common-law marriages formed in other states, and what other legal options are available for unmarried couples who live in Arizona.
What is Common Law Marriage?
Common law marriage is essentially an alternative to a formal marriage, which, in Arizona, requires both a marriage license and a ceremony.
With common law marriage, a couple can be recognized as married without ever having a formal ceremony or obtaining a marriage license.
To be considered valid, a common law marriage typically requires the couple to:
- Live together
- Agree that they are married
- Present themselves to the world as a married couple
Common law marriage has historical roots. It’s a concept that has evolved over time, and it continues to be recognized in some jurisdictions today.
The status of common law marriage in Arizona
If you and your partner live together in Arizona, you aren’t considered to be in a common law marriage, no matter how long you’ve been together.
Arizona doesn’t recognize common law marriages
Arizona doesn’t recognize common law marriages created within the state, according to the Law Office of Cosmas Onyia. That means couples who live together in Arizona don’t have the same legal rights as people who are legally married.
Out-of-state common law marriages may be recognized
Even though Arizona doesn’t allow common law marriages within the state, the state will recognize a common law marriage that was legally created in another state.
So, if you and your partner established a valid common law marriage in another state and then moved to Arizona, Arizona will recognize your marriage.
If you’re moving to Arizona from a state that recognizes common law marriages, make sure you understand all the legal requirements for establishing a common law marriage in that state. That way, you can be sure you’ve met all the requirements.
Arizona Case Law and Common Law Marriage Recognition
While Arizona doesn’t allow couples to enter into a common law marriage, Arizona courts will recognize a common law marriage that was validly created in another state. It can be a complex process to prove that a common law marriage exists, so it’s important to have all your ducks in a row.
Key Arizona Cases
Here are some Arizona cases that show how Arizona courts have treated the question of recognizing common law marriages that were allegedly formed in another state:
- Hoffman v. Miller
- Cook v. Cook
- Vandever v. Industrial Commission of Arizona
- Atkinson v. Valley National Bank of Arizona
- Gonzalez v. Satrustegui
- Grant v. Superior Court
In Cook v. Cook, the Arizona court stated that the law of the state where the marriage was supposedly created will determine whether the marriage is valid, not the law of the state where the couple currently lives.
In Atkinson v. Valley National Bank of Arizona, the court recognized a common law marriage that had been created in Texas.
However, in Vandever v. Industrial Commission of Arizona and Gonzalez v. Satrustegui, the Arizona courts declined to recognize common law marriages that were allegedly created during trips to Colorado and Kansas, respectively.
Establishing Validity
Just visiting a state that allows common law marriage isn’t enough to create a valid common law marriage in Arizona. The couple must meet all the legal requirements for creating a common law marriage in the state where they claim the marriage was formed, including cohabitating, agreeing to be married, and telling other people that they’re married.
Legal Alternatives to Common Law Marriage in Arizona
Since Arizona doesn’t recognize common law marriage, what options are available to couples who want some legal recognition of their relationship?
Cohabitation Agreements
Even if you’re not married, a cohabitation agreement can protect both partners’ interests if you split up. These agreements lay out how property and assets will be divided if the relationship ends.
If you’re in a committed relationship but not married, you may want to talk with an experienced family law attorney about drafting a cohabitation agreement.
Domestic Partnerships and Civil Unions
Domestic partnerships and civil unions are other ways that Arizona couples can gain some legal recognition, although these options have limitations, depending on where you live in the state. Check the regulations in your local area to see if domestic partnerships are available.
Couples may want to consult with legal experts to fully understand the rights and limitations of civil unions in Arizona.
Estate planning considerations for unmarried couples
In Arizona, community property laws do not apply to unmarried couples. That’s why estate planning is so important: it’s the only way to make sure your assets are protected and distributed according to your wishes.
Key estate planning tools for unmarried couples include:
- Wills
- Trusts
- Beneficiary designations
- Powers of attorney
- Joint ownership
- Advance directives
It’s a good idea to review and update your estate plan regularly, especially as your life changes. And of course, consulting with an estate planning attorney is always recommended. They can help you navigate the complexities of the law and create a plan that meets your specific needs.
What rights do common law spouses have in Arizona probate?
If you and your spouse were in a common law marriage in another state that recognizes it, Arizona may recognize your marriage for the purposes of probate. If so, you may have rights to property, inheritance, and spousal benefits.
A.R.S. 14-101 and A.R.S. 14-3203 are relevant to these proceedings. If your common law spouse has died, it’s important to take action to protect your rights. Contact an attorney to learn more.
In Summary
Arizona doesn’t recognize common-law marriages that originate in the state. If you are an unmarried couple in Arizona, it’s important to have the correct legal documents in place to protect your rights. You may want to talk with an Arizona family law attorney for advice about your situation.