Common law marriage is a term used to describe a legal relationship between two individuals who have lived together as a couple and presented themselves as married, without actually obtaining a marriage license or having a formal marriage ceremony. Common law marriage is not recognized in all states, including Tennessee, but there are some circumstances in which the state may recognize a common law marriage.
Tennessee abolished common law marriage in 2017, but it still recognizes common law marriages that were established before that time. In order for a common law marriage to be recognized in Tennessee, the couple must have lived together and held themselves out as married prior to the effective date of the law. In addition, the couple must have had the capacity to enter into a marriage, meaning they were both of legal age and not already married to someone else.
If a common law marriage was established prior to the effective date of the law, the couple will be considered legally married in Tennessee, and they will have the same rights and responsibilities as any other married couple in the state. This includes the right to inherit from each other, the right to make medical decisions on each other’s behalf, and the obligation to support each other financially.
However, if a couple is not able to establish that they had a valid common law marriage prior to the effective date of the law, they will not be considered legally married in Tennessee, even if they have lived together for many years and consider themselves to be married.
It’s important to note that simply living together and presenting oneself as married is not enough to establish a common law marriage in Tennessee. The couple must also have intended to be married and have acted in a way that is consistent with that intent. This may include referring to each other as husband and wife, filing joint tax returns, or sharing a bank account.
If a couple is not able to establish that they had a valid common law marriage in Tennessee, they may still have legal rights and protections under other laws. For example, they may be able to establish a domestic partnership, which can provide some of the same legal rights and responsibilities as marriage.
It’s also important to note that Tennessee does not recognize common law marriages that were established in other states. Even if a couple was considered legally married under the laws of another state, they will not be recognized as married in Tennessee unless they were able to establish a common law marriage prior to the effective date of the law.
If a couple is uncertain about their legal status, they may want to consider consulting with an experienced family law attorney in Tennessee. An attorney can review their situation and help them understand their legal rights and options.
In conclusion, common law marriage is not recognized in Tennessee for marriages established after 2017. If a couple established a common law marriage prior to the effective date of the law, they will be considered legally married in Tennessee, and will have the same rights and responsibilities as any other married couple in the state. However, if a couple is not able to establish a valid common law marriage, they may still have legal rights and protections under other laws.