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How long do you have to live in texas for it to be a common law marriage and does michigan recognize it

Grand Haven, MI |

i am asking on behalf of my brother and his supposing common law marriage but his wife still holds her name and can social security disability recognize this marriage

Attorney Answers 2


  1. Common law marriage in TX is known as an "informal marriage," and to have one requires 3 elements - (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. There is no time requirement to meet the second prong. All states will, as far as I know, recognize a lawful common law marriage from another state. SSA does recognize lawful common law marriages.

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  2. Michigan hasn't recognized "common law"
    marriages for years (Michigan residents).
    However . . . if you're legally married in
    another state and MOVE to Michigan . . .
    that's a different story. Good l

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.