In many states, couples who live together for a specified number of years gain the same legal rights as those married through a marriage license and ceremony. This is known as “common law marriage.” In the United States, this practice dates back to colonial times when couples sometimes found it challenging to obtain legal documentation, and officiants were not always available in rural communities. A state would recognize the couple as married after a specified number of years if they had lived together as spouses.
Arizona’s legislature abolished common law marriages in 1913; therefore, the state does not recognize couples who’ve cohabited in Arizona as married, regardless of the number of years they’ve lived together. Instead, in Arizona, spouses are only legally married if they’ve obtained a legal marriage license and had a ceremony presided over by an officiant. The state only recognizes Arizona common law marriages for those spouses whose common law marriage was established before 1913, or for common-law spouses who obtained their common-law marriage status in another state.
The “Full Faith and Credit” clause of the United States Constitution requires each state to recognize and uphold court orders from other states. Under this law, Arizona upholds the rulings of other states, including those that recognize common law marriages—typically when couples live together as married spouses for five to seven years, depending on the specific laws of the state. When couples who’ve been afforded the legal rights of marriage by the common laws of other states move to Arizona, they have all of the legal rights and privileges of legally married spouses, including the right to an Arizona divorce if they meet the residency requirement. At least one spouse must reside in Arizona for 90 or more days for the court to have jurisdiction over a divorce case, including for common law marriages recognized by another state.
If you’re facing a divorce involving a common-law marriage, consulting with a Chandler divorce attorney can help you navigate the complexities of Arizona’s divorce laws.
Under Arizona law, common law spouses from other states have a right to the following during a divorce:
Common-law marriages from other states are also recognized for inheritance rights in Arizona after the death of one spouse.
Although Arizona does not recognize common-law marriages as legal unless the marriage occurred in another state, it doesn’t mean that those couples who’ve lived together for a significant time do not have legal rights. Their rights are not the same as those of legally married spouses, but they still have the following protections:
Unmarried cohabitants in Arizona do not have the same rights as married spouses or common-law married spouses from other states, but they are not without some legal protection during a breakup or after a death.
Community property laws in Arizona only apply to legally married spouses, including common-law marriages that have been recognized as a marriage in another state. Because Arizona doesn’t allow common law marriages to occur in the state, Arizona couples who’ve lived together do not have the right to a share of community property. The state does not recognize unmarried spouses as a marital community.
When unmarried cohabitants dissolve their relationship and living arrangements, all property in the home belongs solely to the partner who purchased it. The only exception is when the partners enter into a contract, such as a cohabitation agreement, that specifies terms for property division in the event of a breakup.
When cohabitants disagree over who keeps the house during a separation, it is disconcerting to learn that one partner has no right to remain on the property if the deed is solely in the other partner’s name. Because the state does not recognize common-law marriage, cohabitants do not have a right to a share of any property acquired by the other during their cohabitation, including the home they shared. In order to have any legal share in the value of the home, a partner would have to show evidence that they contributed to the purchase of the property or spent significant money, talent, and time on improving the property’s value. In this case, the court might grant them a portion of the increased value of the home.
If the home’s deed lists both partners as joint tenants, it gives each one survivorship rights to the property. In this case, each partner has an equal right to the property even when they are not married. If one partner doesn’t buy out the other’s half of the property, a court would likely decide the property must be sold and the profit divided between both partners.
Arizona’s laws prohibiting common-law marriage within the state, while recognizing common-law spouses from other states as legally married, make it challenging to know where you stand in a breakup, especially when there are children and property at stake. Call the Chandler family law attorneys at Wilson Goodman Law Group, PLLC today so we can evaluate the circumstances of your case and determine your rights and protections under Arizona law.
