NH Law About ...: Common-law Marriage: Read About The Law ...

ASK A LIBRARIAN / PHONE: 603-271-3777
SEARCH THE CATALOG

Open to the public Monday through Friday, 8:30 a.m. to 4:15 p.m.
A to Z Database List / NHLL Blog

Read About The Law ...

Online

FindLaw. What is Common Law Marriage?
"In the United States, common law marriage has been in existence since the horse and buggy days of 1877. While it might sound like an archaic form of marriage, it's still technically around today in one form or another in 10 states and the District of Columbia. Additionally, five states recognize common law marriage with some restrictions."
NCSL. Common Law Marriage by State
"Common law marriage is allowed in a minority of states. A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony."

Many of the questions about common-law marriage at the law library have to do with benefits after the death of one of the spouses. The Social Security Administration's Program Operations Manual System (POMS) has many sections about common-law marriages in the chapter titled GN 00305: Proof of Marital Relationship. We've linked to just a few below. Use the Previous and Next links in the manual to see more.

United States. Social Security Administration. Requirements for a Common-law Marriage
"In some States a valid marriage may be created without a formal ceremony; these marriages are called common-law marriages."
United States. Social Security Administration. Making Common-Law Marriage Determinations
"We make common-law marriage determinations in accordance with state law. Some states allow for establishment of common-law marriages. Other states may not allow for establishment of common-law marriages but will recognize common-law marriages established in another state or country."
United States. Social Security Administration. Glossary of Terms Used in Common-Law (Non-Ceremonial) Marriages
"Common-law marriage is a non-ceremonial marriage. The criteria (and recognition of a common-law marriage) depend on individual state or foreign law."

Print

Principles of the Law of Family Dissolution by American Law Institute Staff (Contribution by)
Call Number: KF535.P752 A7 2002

ISBN: 0820551511

Publication Date: 2002

"Often understood as a doctrine of convenience adopted in early America for frontier settlers lacking easy access to clergy or county clerks, the doctrine [of common-law marriage] began to wane in the late 19th century."
Common Law Marriage: a Legal Institution for Cohabitation by Goran Lind
Call Number: KF516 .L56 2008

ISBN: 9780195366815

Publication Date: 2008

"The criticism against common law marriage ... began to arise in the case law during the early 1800s. However, it was during the 1870s that the criticism first became a campaign that, at the turn of the twentieth century, had turned into a veritable crusade against common law marriage."
Unmarried Couples, Law, and Public Policy by Cynthia Grant Bowman
Call Number: KF538 .B69 2010

ISBN: 9780195372274

Publication Date: 2010

"Between 1875 and 2009, a total of twenty-three states abolished common law marriage. Their reasons for doing so varied. Certainly the urbanization and industrialization of the country played a role as the developing economy demanded security of title to property which could be uncertain if it depended upon marriages that were not registered with the state."
Family Law by Charles G. Douglas III
Call Number: KFN1280 .N48

Publication Date: 2014

"[W]hen the parties cohabit, mutually acknowledge each other as husband and wife, and have the general reputation in the community as being a married couple for at least three years, a legal marriage exists upon the death of one spouse. Unfortunately, one-half of the couple must be dead and the marriage terminated before it can legally be declared to have been a marriage. This is otherwise known as the "I'd rather be dead than married" statute." p. 2-15.
Probate and Administration of Estates, Trusts & Guardianships by Charles A. DeGrandpre and William V. A. Zorn
Call Number: KFN1280 .N48

ISBN: 9780327161776

"... the New Hampshire Supreme Court has held that a person who has satisfied the provisions of RSA 457:39 is entitled to his distributive share as a surviving spouse under RSA 560:10."
A Practical Guide to Probate in New Hampshire by Denis P. Dillon (Editor)
Call Number: KFN1344 .P72

ISBN: 9781575898711

Publication Date: 2018

"Until a person has been adjudicated a common law spouse, he or she is not deemed to be a person beneficially interested in the estate. ... An individual who successfully makes a common law spouse claim following another's death is treated as that person's surviving spouse. ... Although the Social Security Administration is not bound by a state court's adjudication of a common law spouse claim, the Social Security Administration will apply these criteria in determining eligibility for survivors' benefits."

This site is maintained by the law librarians of the John W. King New Hampshire Law Library.
Our guides are for information purposes only and are not comprehensive.
They are intended as starting points for your legal research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.