In Massachusetts, common law marriage is not recognized as a legal form of marriage. However, there are certain situations in which a common law marriage may still be considered valid. Let me explain further.
Under Massachusetts law, a valid marriage requires a marriage license and a formal ceremony performed by an authorized person, such as a justice of the peace or a member of the clergy. Simply living together and presenting yourselves as a married couple does not automatically create a legal marriage.
That being said, there are a few exceptions to this rule. If a couple entered into a valid common law marriage in a state where it is recognized and then moves to Massachusetts, their marriage would still be considered legally valid in the eyes of the state.
Additionally, Massachusetts recognizes “marriage-like relationships” or “cohabitation relationships” under certain circumstances. These relationships are not the same as common law marriages, but they may grant certain rights and responsibilities to unmarried partners living together.
For example, if an unmarried couple has lived together in a relationship similar to a marriage for a significant period of time and has held themselves out as married, they may be considered to have a “marriage-like relationship.” In such cases, the court may recognize the relationship as a legal partnership and grant certain rights and protections to the partners.
It is important to note, however, that the legal rights and responsibilities granted in these situations are not as extensive as those afforded to married couples. For example, the partners may not have the same inheritance rights or tax benefits as married couples.
In order to protect their interests and clarify their legal rights and responsibilities, unmarried partners living together in Massachusetts may consider entering into a cohabitation agreement or a domestic partnership agreement. These agreements can help establish the couple’s intentions regarding property ownership, financial support, and other important matters.
While common law marriage is not recognized in Massachusetts, there are certain circumstances in which a common law marriage from another state may still be considered valid. Additionally, Massachusetts does recognize “marriage-like relationships” under certain circumstances, which can grant certain rights and responsibilities to unmarried partners. It is advisable for unmarried couples to consider entering into a cohabitation agreement or domestic partnership agreement to protect their interests and clarify their legal rights.