Is There Common Law Marriage in Maryland?

Marriage laws differ significantly across states, prompting many couples to question their legal marital status without a marriage license. Some states acknowledge common law marriage, allowing couples to be deemed legally married based on their relationship and cohabitation instead of a formal ceremony. However, does Maryland recognize common law marriage?

In the guide below, we will review Maryland’s stance on this issue and explore how it can impact property division, inheritance, and other legal matters.

Does Maryland Recognize Common Law Marriage?

The short answer is no—Maryland does not recognize common law marriage. Regardless of how long a couple has lived together or whether they refer to themselves as married, they are not legally considered spouses unless they undergo the formal marriage process. 

To be legally married in Maryland, couples must:

• Obtain a marriage license from the county clerk’s office
• Have a formal marriage ceremony conducted by an authorized official
• Ensure that the marriage is recorded correctly with the state

If these steps are not taken, a couple in Maryland will not be acknowledged as legally married, regardless of decades spent together and shared financial responsibilities.

What If a Couple Has a Common Law Marriage from Another State?

Although Maryland does not permit couples to establish a common law marriage within the state, it does recognize valid common law marriages from other states. This means that if a couple is considered legally married under common law in a state that acknowledges it—such as Colorado or Texas—Maryland will uphold that marriage when they move to the state. However, this status can significantly affect matters such as divorce, inheritance rights, and health care decisions.

Why Does Common Law Marriage Matter in Maryland?

Couples who believe they have a common law marriage in Maryland may encounter unforeseen legal issues, particularly in circumstances involving:

Property Division

When an unmarried couple parts ways, asset division may be complex because Maryland law lacks the same protections for cohabiting partners as it offers to married couples.

Health Care and Decision-Making

A non-married partner may not have the legal authority to make medical decisions for their partner in case of incapacity unless they have executed specific legal documents, such as a power of attorney.

Inheritance Rights

In the absence of a legal marriage, a surviving partner may not automatically inherit property from the deceased unless they are explicitly named in a Last Will and Testament or registered as a domestic partner.

Legal Protections for Unmarried Couples in Maryland

Although Maryland does not recognize common law marriage, couples who cohabit can take legal measures to protect their rights and interests, including the following:

• Cohabitation Agreements: A legal contract that specifies financial duties, property ownership, and the protocol to follow if separation occurs.
• Estate Planning Documents: Using a Will, trust, or power of attorney can help ensure that a partner is accounted for in financial and medical decision-making.
• Legal Parentage: Unmarried couples with children may need to undertake extra-legal measures to secure parental rights, especially for the parent who is not biologically related.

Consult with an Experienced Maryland Family Law Attorney To Learn More About Your Legal Rights

If you have questions about the legal status of your relationship or wish to take steps to protect your rights as an unmarried couple, consulting with an experienced Maryland family law attorney is essential. At Rice Law, we can help you understand your legal options and ensure that you and your partner have the necessary protections in place.

Contact us today to discuss your situation and explore how we can help you protect your future.