Common Law Marriage in Michigan: Is It Recognized? (2026)
Common Law Marriage in Michigan: Is It Recognized? (2026)
Michigan abolished the formation of new common law marriages effective January 1, 1957, under MCL 551.2. No common law marriage can be formed in Michigan on or after that date. Common law marriages entered into in Michigan before January 1, 1957, remain fully valid. Michigan also recognizes a valid common law marriage that was formed in another state.
Information last verified on June 2, 2026.
Does Michigan recognize common law marriage?
Michigan no longer allows couples to form a common law marriage within the state. MCL 551.2 defines marriage as a civil contract to which the consent of capable parties is essential, but the same statute provides that consent alone is not enough to effectuate a legal marriage on and after January 1, 1957. Under that provision, a valid Michigan marriage requires three elements: consent of legally capable parties, a marriage license obtained under MCL 551.101 or MCL 551.201, and solemnization as authorized by MCL 551.7 through 551.18.
Before January 1, 1957, Michigan recognized common law marriages formed under the general common law rule that required mutual present consent to be married, cohabitation, and public holding out as husband and wife. The 1957 effective date represents the legislature's prospective abolition of informal marriage formation. Marriages satisfying the common law requirements before that date remain legally valid and are not affected by the later statutory change.
Because the abolition is prospective only, any couple that established a valid common law marriage under Michigan's pre-1957 common law retains all the rights and obligations of a formally solemnized marriage. Those rights include intestate inheritance, spousal privilege in court proceedings, eligibility for survivor benefits, and standing to seek spousal support in a divorce proceeding.
Why Michigan abolished common law marriage in 1957
The 1957 change brought Michigan in line with a nationwide trend toward requiring formal marriage procedures. The legislature and courts have identified several policy rationales for requiring a license and ceremony: formal procedures create a clear public record of marital status, protect both parties by making the legal and financial consequences of marriage explicit before they are incurred, reduce evidentiary disputes about whether a marriage was ever formed, and simplify estate and benefits administration.
MCL 551.2 was last amended in 1996 through Act 324, but the January 1, 1957, effective date for the consent-alone prohibition was established by the original version of the provision. Michigan courts have consistently applied that date as the dividing line between valid pre-existing common law marriages and unrecognized informal unions formed after abolition.
A couple that has lived together in Michigan for any length of time, presented themselves publicly as married, filed joint tax returns, and genuinely believed they were married has not formed a legally recognized marriage if the relationship began on or after January 1, 1957, and they never obtained a marriage license.
Pre-1957 common law marriages: what remains valid
If both parties to a relationship were living and cohabiting in Michigan before January 1, 1957, and at that time mutually agreed to be presently married, cohabited together as husband and wife, and held themselves out publicly as a married couple, a valid Michigan common law marriage may have been formed. That marriage did not dissolve when the 1957 statute took effect, and it has not been invalidated by any subsequent legislative change.
To establish that a pre-1957 common law marriage existed, a party typically must show evidence of the three traditional elements as they existed before January 1, 1957. Given the age of any such relationship, proof often depends on historical documents: old joint tax returns, deeds or titles identifying the couple as husband and wife, death certificates or obituaries, letters or family correspondence, affidavits from witnesses who knew the couple during the pre-1957 period, and similar historical records.
A pre-1957 common law marriage can only be dissolved the same way any marriage is dissolved: by divorce, annulment, or the death of a spouse.
Does Michigan recognize a common law marriage from another state?
Yes. Michigan gives full legal effect to a common law marriage that was validly formed in a state that permits such marriages. This recognition rests on two legal foundations. The first is the Full Faith and Credit Clause of the United States Constitution, which requires each state to give credit to the public acts, records, and judicial proceedings of every other state. The second is the principle of comity, under which courts of one state recognize legal relationships validly created under the law of another state.
As of 2026, the states that still permit formation of new common law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma (contested), Rhode Island, Texas (called "informal marriage" under Tex. Fam. Code section 2.401), and Utah (which requires a court or administrative order). The District of Columbia also recognizes common law marriage. A couple who validly formed a common law marriage in any of those jurisdictions and then moved to Michigan retains married status in Michigan.
Practically, this means that a couple with a valid out-of-state common law marriage is treated by Michigan courts and agencies as legally married for purposes of divorce, property division, spousal support, inheritance rights, intestate succession, and all other legal incidents of marriage under Michigan law.
To invoke Michigan recognition, a party must show that the marriage met the requirements of the state where it was formed. For example, a couple asserting a Texas informal marriage under Tex. Fam. Code section 2.401 must establish that they agreed to be married, cohabited in Texas, and represented to others that they were married.
How to prove a common law marriage formed in another state
Because a common law marriage leaves no license or official certificate, the burden of proving the marriage rests on the party asserting it. The standard of proof and the specific elements depend on the law of the state where the marriage was formed. Michigan courts evaluating an out-of-state common law marriage look at the same categories of evidence that courts in the forming state would consider.
Evidence commonly considered includes:
- Joint federal or state income tax returns filed as "married filing jointly" or "married filing separately"
- Joint bank accounts, joint mortgage or lease agreements, or jointly titled real property
- Insurance policies or retirement account beneficiary designations listing the partner as a spouse
- Loan applications, government-benefits forms, or employer-benefits documents identifying the relationship as a marriage
- Testimony from family members, friends, neighbors, coworkers, or clergy who knew the couple as married
- Written correspondence, social media posts, or other documents in which the parties referred to each other as husband, wife, or spouse
- Use of a shared last name
- Affidavits signed by both parties or by knowledgeable third parties
No single item is conclusive. Courts assess the totality of the evidence against the requirements of the state where the marriage was allegedly formed.
The 7-year myth
A widespread belief holds that living together for 7 years automatically creates a common law marriage, or that separating for 7 years automatically dissolves one. Neither claim is true anywhere in the United States.
No state, including the states that still permit common law marriage formation, sets a minimum number of years of cohabitation as a requirement or automatic trigger. The states that allow common law marriage formation focus on mutual intent and conduct: a present agreement to be married, cohabitation in the permitting state, and public representation of the marital relationship. Duration of cohabitation may be circumstantial evidence of intent, but no fixed number of years is required or sufficient by itself.
In Michigan, this point is particularly clear because common law marriage formation has been prohibited since January 1, 1957. No period of cohabitation after that date, whether 7 years or 57 years, creates a marriage in Michigan without a license and ceremony.
How a common law marriage ends in Michigan
A valid common law marriage, wherever it was formed, can only be terminated by formal legal divorce proceedings, annulment, or the death of a spouse. There is no such thing as a "common law divorce," and Michigan law provides no mechanism for informally dissolving a marriage.
Simply separating, dividing property informally, or ceasing to present as a married couple does not end a legal marriage. A Michigan resident with a valid pre-1957 Michigan common law marriage or a valid out-of-state common law marriage who "separates" without obtaining a divorce remains legally married. Attempting to remarry in Michigan without a prior divorce would create a void or voidable second marriage.
Divorce proceedings to dissolve a common law marriage in Michigan proceed under Michigan law in the same manner as any other Michigan divorce. The court applies Michigan's equitable distribution principles, the spousal support factors under MCL 552.23, and the same jurisdictional and procedural rules that govern any dissolution action.
For more on the financial aspects of ending a Michigan marriage, see Michigan alimony laws and Michigan child support laws.
For a state-by-state comparison of which states recognize common law marriage, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage in Michigan and is not legal advice. Marriage and family law determinations are fact-specific and depend on the individual circumstances of each case. This information was verified as of June 2, 2026. Consult a licensed Michigan family law attorney for advice about your specific situation.
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Sources
- MCL 551.2, Marriage as Civil Contract; Consent; License; Solemnization. Michigan Legislature. legislature.mi.gov
- MCL 551.101, Marriage License; Application; Fee. Michigan Legislature. legislature.mi.gov
- MCL 552.23, Spousal Support Award; Standard. Michigan Legislature. legislature.mi.gov
- U.S. Constitution, Article IV, section 1 (Full Faith and Credit Clause). Cornell Legal Information Institute. law.cornell.edu
- Texas Family Code section 2.401, Informal Marriage. Texas Legislature. statutes.capitol.texas.gov
- Colorado Revised Statutes section 14-2-109.5, Common Law Marriages. Colorado General Assembly. leg.colorado.gov
Last updated: June 2, 2026.