Ohio Common Law Marriage

What is Common Law Marriage in Ohio?

Common-law marriage is a union in which the couple lives together for a certain period and presents themselves as married to family, friends, and the community without solemnizing the marriage. Unlike traditional marriages, not all states validate common-law marriages. For instance, common-law marriages are not valid in Ohio. Only nine states and the District of Columbia approve of common-law marriages - Iowa, South Carolina, Montana, Kansas, Utah, Colorado, Texas, and Rhode Island.

Common-law marriage is an alternative for those who don't want the formalities of a marriage ceremony. Some couples avoid traditional marriages for religious differences, while others are simply avoiding the cost of a traditional marriage ceremony.

Couples in common-law marriages are eligible for a lot of benefits available to formal marriages. Some of these benefits include the right to receive spousal support after the termination of common-law marriage. In some states, common-law couples can make decisions for physically or mentally disadvantaged partners. Some state laws also grant visitation rights to persons whose partners are incarcerated.

Despite the benefits of a common-law marriage, it gets complicated in the event of a divorce or a partner's death. Some of the disadvantages associated with common-law marriages include:

Complications in determining child custody rights and child support payments;
Loss of right of survivorship;
Complications in the division of properties accumulated during the union;
Possible loss of visitation rights in a healthcare center or correctional facility.

Marriage in Ohio

In 2019, Ohio recorded a marriage rate of 5.3 marriages per 1,000 residents and a divorce rate of 2.8 divorces per 1,000 inhabitants. In the same year, a survey showed that 50% of male residents aged 15 years or older were married, higher than the 48% recorded for females. The survey also showed that 11% of men in the same age range were divorced, compared to 13% recorded for women.

Does Ohio Recognize Common-law Marriages?

Per the Ohio Rev. Code §3105.12 (B) (1), state law does not approve any common-law marriage created in Ohio after October 10, 1991. However, the state will recognize common-law marriages validated in other states that permit common-law marriage, irrespective of the timeframe. Under the US Constitution’s Full Faith and Credit Clause, couples can maintain their common-law marriage status if they move to states that do not recognize these unions.

Also, Ohio SSR 71-4: Section 216(h)(1)(A) recognizes common-law marriages under the following conditions:

Concerned parties have a present intent to get married, and not a speculation to get married in the future;
Couples must be cohabiting;
Couples must present themselves to their immediate community as married;
Common-law partners must share a common residence.

What is a Domestic Partnership in Ohio?

A domestic partnership involves two interdependent individuals in a committed and exclusive relationship. Before the 2015 Supreme Court ruling on same-sex marriages, same-sex couples had to form domestic partnerships in Ohio. Although there are no general state laws for domestic partnerships in Ohio, different counties and cities have specific laws governing couples in domestic partnerships. Ohio cities and counties that recognize domestic partnerships include Cleveland, Athens, Cleveland Heights, Toledo, Cuyahoga County, Dayton, Columbus, Oberlin, Lakewood, and Yellow Springs.

What is a Cohabitation Agreement in Ohio?

A cohabitation agreement is a legal agreement between persons who choose to live together. Most times, partners living together may create a written agreement to show proof of their relationship in the event of a divorce. Couples living together without cohabitation agreements are not recognized under the state’s law. Without a cohabitation agreement, unmarried couples cannot claim any rights or benefits if the relationship ends. A written cohabitation agreement defines the roles and responsibilities of each cohabiting partner, such as financial and legal responsibilities. In the event of a divorce, written agreements will determine the division of properties, debts, and other assets accrued before and during the relationship.

What are the Requirements for a Common Law Marriage in Ohio

There are no requirements for common-law marriages in Ohio as these unions are not recognized by law. Although the state abolished common-law marriages, some counties and cities recognize non-formal relationships like domestic partnerships. These counties and cities recognize domestic partnerships that satisfy the following requirements:

Both partners are above the legal age and mentally capable of consenting to the union;
Both partners are not closely related by blood;
The partners are not legally married or in another domestic partnership with others;
Both partners share a residence;
Both partners agree to mutually support each other by contributing to support and maintain the domestic partnership;
Both partners are responsible for each other’s welfare and agree to share the necessities of life.

There are no state-level departments or agencies for registering domestic partnerships as each county and city prescribes guidelines for registration. For instance, intending partners can file for or register a domestic partnership in Cleveland Heights by filling out the Declaration of Domestic Partnership form. Intending partners must sign and notarize the form and send it in person or via mail to the Domestic Partners Registry at:

Cleveland Heights City Hall
Domestic Partners Registry
40 Severance Circle
Cleveland Heights, OH 44118

Residents of Cleveland Heights must pay $50 to file for a domestic partnership. Non-residents must pay $65 for the same process. For mail-in orders, intending partners must send the required fee in checks or money orders payable to the City of Cleveland Heights.

How Many Years Do You Have to Live Together for Common Law Marriage in Ohio?

In Ohio, common-law marriages formed after October 10, 1991, are invalid, regardless of how long the couple has lived together. Partners living together may establish a cohabitation agreement or domestic partnership.

What Does it Mean to be Legally Free to Marry in Ohio?

In Ohio, partners who are legally free to marry are eligible to apply for and receive a marriage license. The state has requirements that qualified persons must meet to be eligible. Ohio requires males to be at least 18 years old and females to be 16 years old or older. Also, the law prohibits first cousins or siblings from getting married. Ohio did not permit same-sex marriage until a US Supreme Court ruling in 2015. The ruling made it legal for same-sex couples in all states to get married.

What is Informal Marriage in Ohio?

The term “informal marriage” is used to replace “common-law marriage” in Ohio. It refers to a marriage contract between two persons living together without a marriage license, ceremony, or registration at the state’s marriage registry. Common-law marriages are considered valid in Ohio if the union was formed in the state before it was abolished. Also, it is valid if the union was formed in places where such unions are approved.

How Do You Prove a Common-law Marriage in Ohio

Common-law couples can prove the existence of their common-law marriages using the following methods:

Sworn statements or affidavits from friends and family who can corroborate their claims;
An affidavit detailing the time and date when the couple entered into the common-law marriage;
Legal documents from the state where the common-law marriage was approved;
Employment records showing the name of a spouse as an immediate family member;
Promissory notes, or mortgages, proving the joint financial responsibilities of both partners;
School records listing the names of both partners as parents;
Birth certificates naming both partners as a child’s parents;
Credit or debit cards in the name of both common-law partners;
Wearing wedding rings;
Mail addressed to the couple.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove a Common-law Marriage After Death

In the event of a partner's death, the widowed spouse must prove the existence of a common-law marriage through notarized documents supporting the claim. The partner must also corroborate the claim with notarized statements from two blood relatives of the deceased spouse. Per state law, a widowed partner must establish proof of a common-law marriage to access the decedent’s assets and benefits.

Third-party websites may provide a convenient solution to obtaining marriage-related public records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses (include first, middle, and last names)
The date the marriage occurred (month, date, and year)
The location where the marriage occurred (city and county)

Do Common-law Marriages Require a Divorce?

In Ohio, couples in a legally valid common-law marriage can terminate their relationship via a divorce. Under Ohio state laws, only common-law couples under the following category can file for a divorce:

Couples in common-law marriages formed before October 10, 1991. The state laws regard common-law marriages formed before the date as ceremonial legal marriages.
Couples in common-law marriages created in regions where the union is permitted.

Does a Common-law Wife Have Rights in Ohio?

Common-law wives in marriages formed after 1991 have no legal right to a partner's assets or benefits in the event of a split or death event. The state only recognizes common-law marriages formed in Ohio before 1991 and common-law marriages formed in states where the relationship is legally valid. Under Ohio state laws, common-law wives in a recognized union can obtain spousal rights, such as the right to make medical-related decisions on behalf of a physical or mentally incapacitated partner. Common-law wives can also lay claim to insurance benefits or workers’ compensation benefits on behalf of a deceased partner.

Can a Common-law Wife Collect Social Security in Ohio?

Common-law wives in relationships formed in Ohio after October 10, 1991, are not eligible to receive social benefits in Ohio. Per the Social Security Administration’s guidelines, common-law couples must fit the following criteria to be eligible for social security benefits such as survivor and spousal benefits:

The couple started the marriage in a state where common-law marriage is legal;
The couple can prove to the Social Security Administration that they are in a common-law marriage.

Common-law couples in Ohio who meet the above criteria must file for social security via the following steps:

Fill out a Form SSA-754 (Statement of Marriage Relationship)
Attach a completed affirmation from a blood relative (Form SSA-753).

Are Common-law Wives Entitled to Half in Ohio?

Common-law wives are not entitled to half of their partner's properties or assets when the common-law marriage is terminated. Unlike wives in a traditional marriage, common-law wives do not have statutory rights to their partner’s properties. It's important to note that common-law wives are only entitled to half of a property if there was written agreement to that effect. In the absence of such an agreement, common-law wives or partners can only lay claim to properties that contain their name as sole owner or co-owner.

How Do You Get a Common-law Marriage Affidavit in Ohio

Since common-law marriages are invalid in Ohio, partners can only get affidavits in states where the union/marriage is permitted. Although each common-law-approving state has different rules for obtaining a common-law affidavit, all common-law marriage affidavits must contain the following data:

The state and county where the couple formed the union;
The date when the couple decided to establish the union;
Proof that both parties meet the state’s age requirement.

When Did Common-law Marriage End in Ohio?

Ohio abolished common-law marriages on October 10, 1991. All common-law marriages after the date are invalid under the state laws.

What is Considered Common-law Marriage in Ohio?

Ohio marriage registry laws do not recognize common-law marriages formed after 1991. The state’s recognition of common-law marriages depends on the requirements in the jurisdiction where the marriage was created. Other options for couples looking to legalize their unions include domestic partnerships, cohabitation agreements, and traditional marriages.

What is the Difference Between Common-law Marriage and Domestic Partnership

Although both are informal marriages, domestic partnership differs from common-law marriage regarding spousal rights and responsibilities. Couples in domestic partnerships can claim similar spousal rights and go through divorce proceedings like those in a ceremonial marriage. However, unlike common-law marriages, domestic partnerships formed in Ohio are only valid within the state.

Does the Federal Government Recognize Ohio Common-law Marriages?

The Federal Government will only recognize common-law marriages formed in states where these unions are permitted. Therefore, recognition is only afforded to the District of Columbia and the following states: Iowa, New Hampshire, Montana, Texas, Kansas, South Carolina, Colorado, Utah, and Rhode Island. In addition, common-law marriages are also recognized and considered valid in Florida, Pennsylvania, Idaho, Alabama, Oklahoma, and Ohio, if the union was created before the states abolished it.