While the state does not provide legal recognition for common-law marriages or widespread domestic partnerships, there are ways to protect individual and shared interests.
Cohabitation agreements, clear documentation of shared assets, and estate planning are practical steps to ensure legal clarity and security for cohabiting partners.
1. Missouri Does Not Recognize Common Law Marriage
In Missouri, the concept of common law marriage is not recognized. This means that regardless of how long a couple has lived together or presented themselves as married, the state does not grant them the legal status of marriage without an official marriage license and ceremony.
While some states in the U.S. recognize common law marriages, Missouri abolished this practice in 1921. Therefore, couples in Missouri must obtain a formal marriage certificate to be legally married.
2. Moving to Missouri as a Common Law Couple
If a couple established a valid common law marriage in a state where such unions are recognized and later moves to Missouri, their relationship will generally be acknowledged as a legal marriage under the “full faith and credit” clause of the U.S. Constitution.
This means Missouri must recognize the marriage as valid even though it does not create common law marriages within its jurisdiction.
3. Divorce or Dissolution of Common Law Marriages in Missouri
For couples who were recognized as married under common law in another state and have since moved to Missouri, ending the relationship requires a formal divorce process.
Even though Missouri does not create common law marriages, the dissolution of one must follow the state’s standard legal procedures for divorce, including property division, custody arrangements, and financial support.
4. Cohabitation and Domestic Partnerships Defined
Cohabitation refers to an arrangement where two people live together without being legally married. While it may resemble marriage in practice, it does not provide the legal rights and benefits associated with marriage.
A domestic partnership, on the other hand, is a more formal recognition of a relationship between two people who live together and share a domestic life but are not married.
Domestic partnerships can sometimes offer limited legal rights but not to the same extent as marriage.
5. Domestic Partnership Recognition in Missouri
Missouri does not formally recognize domestic partnerships on a state-wide level. However, some municipalities and employers within the state may offer certain benefits to domestic partners, such as health insurance or visitation rights.
It is important for couples seeking these benefits to verify if their local jurisdiction or employer supports domestic partnership benefits.
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6. Legal Rights of Cohabiting Couples in Missouri
Couples who live together in Missouri without being legally married generally have limited legal rights. Cohabiting partners do not automatically gain the legal protections that married couples enjoy, such as spousal inheritance rights, joint property ownership protections, or financial support upon separation.
If a cohabiting couple separates, disputes over property, finances, or shared assets may need to be resolved through civil litigation rather than family court.
Property Rights for Unmarried Couples
Missouri follows standard property laws, meaning that any assets acquired by an individual during the relationship are considered the property of the individual, not shared property.
This is true unless both parties’ names are on a deed or ownership document. Couples are advised to draft a cohabitation agreement to outline asset division, financial responsibilities, and property rights.
Rights Concerning Children
While cohabiting couples do not have the same rights as married couples, parents have rights and responsibilities regardless of their marital status.
Unmarried parents must establish paternity for the father to gain legal parental rights. This can be done voluntarily or through a paternity test.
Once paternity is established, issues related to custody, visitation, and child support are treated the same as for married parents.
7. Understanding Cohabitation Agreements
A cohabitation agreement is a legal contract between unmarried partners that outlines each person’s rights and responsibilities during the relationship and upon its termination.
This document can specify property division, debt allocation, and financial contributions, offering clarity and reducing conflicts if the relationship ends.
While not mandatory, having a cohabitation agreement is beneficial for unmarried couples who wish to protect their interests.
8. The Difference Between a Domestic Partner and a Common Law Spouse
A domestic partner is someone in a committed relationship resembling marriage but without formal legal recognition as a spouse.
Conversely, a common law spouse is recognized as legally married without a formal ceremony or license in states that accept such unions.
Missouri does not recognize common law spouses, making the legal distinctions between the two particularly relevant.
9. What Qualifies as a Domestic Partnership in Missouri?
Since Missouri does not have state-wide legislation defining domestic partnerships, the criteria can vary.
Typically, domestic partnerships may be recognized by employers or local governments and may require couples to share a residence, maintain joint financial responsibility, and provide mutual support. Proof of partnership, such as shared bills or leases, is often necessary.
10. Common Law Marriage Across the United States
Common law marriage is still recognized in some states, including Colorado, Iowa, Kansas, Montana, and Texas, among others. Each state has specific rules defining what constitutes a valid common law marriage, often involving cohabitation and presenting themselves publicly as a married couple.
11. Myths About the Seven-Year Rule
One prevalent myth is that living together for a certain number of years, such as seven, automatically results in a common law marriage. This is not true in Missouri or any state that does not recognize common law marriage.
In states that do allow common law marriage, the status is based on fulfilling specific requirements rather than merely the duration of cohabitation.
12. Rights of Unmarried Couples Living Together in Missouri
Unmarried couples living together in Missouri do not acquire spousal rights. Therefore, property ownership, inheritance rights, and decision-making power in medical emergencies are not automatically granted.
It is advisable for cohabiting partners to set up legal documents, such as wills, powers of attorney, and healthcare proxies, to ensure their rights are protected.
13. Inheritance Rights and Common Law Spouses
Since Missouri does not recognize common law marriage, individuals in long-term relationships do not have automatic inheritance rights unless specified in a will. To ensure a partner inherits property or assets, couples must draft comprehensive estate planning documents.