Tennessee Common Law Marriage

What is common-law Marriage in Tennessee?

Common-law marriage is a union wherein two partners, living together, hold themselves out as married to friends, families, and other individuals-even though they have not obtained a marriage license or gone through a formal marriage ceremony. Some states in the United States recognize common-law marriages, such as Kansas, Iowa, Utah, and South Carolina. Texas refers to such marriages as “informal marriages.” A common-law marriage grants certain rights to the partners in the marriage. Some of these include:

Jail or prison visitation rights
Healthcare benefits
Hospital visitation rights
Entitlement to part of the property in the event of a divorce
Right to inherit
Tax deductions and exemptions
Child custody rights
Rights to spousal support
Access to records

There are some disadvantages of common-law marriages when compared to formal marriages. Common-law marriages are not formal and often are not recorded or supported by a marriage license. A few of the disadvantages include the following.

There is no presumption of common-law marriage. The person who alleges that there is a common-law marriage would need to prove it.
A partner shall not be entitled to any of the rights that usually accrue in a common-law marriage unless they are able to prove the existence of the marriage.

Common-law marriages often exist between couples who are unwilling to formalize their marriage, lack the time to do so, or are put off by the expenses involved. Creating a common-law marriage requires satisfying certain conditions which may differ based on the state.

Does Tennessee Recognize common-law Marriage?

Although Tennessee does not recognize common-law marriage contracted within the state, it recognizes the legitimacy of marriages contracted in states that support this type of union. This means, individuals who enter into a common-law marriage in a state where such a marriage is recognized who then move to Tennessee will be entitled to the rights of a common-law partner. They may also obtain a divorce for common-law marriages.

What is a cohabitation agreement in Tennessee?

A cohabitation agreement is a binding agreement between two people living together. Tennessee does not grant rights to couples who are not formally married. It does not recognize domestic partnerships, civil unions, and common-law marriages. However, it recognizes and enforces cohabitation agreements. Couples can agree on the obligation and rights of each person under a cohabitation agreement and how property should be divided in the case of a separation.

Unmarried couples do not receive the same protection as married couples. However, a cohabitation agreement may be used to grant some rights. It may be used to grant a power of attorney, property sharing rights, among others. If a couple grants a power of attorney to each other, they shall be able to make medical and financial decisions for each other if one party becomes incapacitated. Parties can include whatever they desire in the cohabitation agreement as long as it is legal and it shall be binding between them. A cohabitation agreement can be used to do the following.

Define the relationship
Appoint a health care proxy
Determine financial rights and obligations of each party
Determine how property should be shared in the event of a separation

What Are the Requirements for a common-law Marriage in Tennessee?

Tennessee is one of the few states in the United States in which common-law marriages have never been recognized. Despite this, the state recognizes common-law marriages validly formed in other jurisdictions. The requirements to form such a marriage in the jurisdiction should have been fulfilled. This usually involves the following.

The parties should be 18 years old or older.
The parties should not be in any marriage with another person. The parties should also not be in any common-law marriage, civil union, domestic partnership, or other similar relationships.
Both parties should be capable of giving valid consent to the marriage.
The parties should not be related by blood.
The parties should have cohabited for a period of time.

Tennessee recognizes cohabitation agreements which are contracts. They can be created like other contracts. However, they should preferably be in writing and should clearly state the intentions of the parties. The validity of the cohabitation agreement would be determined in the same way the validity of contracts is usually determined. Therefore, the parties should have the capacity to enter a contract, there should be no duress, and circumstances that could make the contract void should be avoided.

How many years do you have to Live Together for common-law Marriage in Tennessee?

Irrespective of how long a couple lives together, a common-law marriage cannot be created in Tennessee. The only marriage recognized if created within Tennessee is a formal marriage. The only other option available to unmarried couples cohabiting is a cohabitation agreement. This is not created by the length of time the couple cohabits for, but is instead created through a binding contract.

What is an Informal Marriage in Tennessee?

An informal marriage is a name given to relationships similar to a common-law marriage in Texas. Tennessee does not recognize any informal marriage created within the state. However, Tennessee recognizes informal marriages created in Texas where it is recognized. If a couple under an informal marriage moves to Tennessee, the parties shall still be entitled to their rights under the union.

How Do You Prove common-law Marriage in Tennessee?

A party who alleges that there is a common-law marriage has the burden of proving the marriage’s existence. The party can do this by presenting evidence and witnesses to show that the couple held themselves out as married and regarded themselves as spouses. This can be done through the following.

Joint tax returns
Records showing that the couple held joint bank accounts
Records showing the joint ownership of property
Documents that refer to either partner as a spouse of the other
Documents showing that a partner took the surname of another
Witness testimony showing that the parties referred to themselves as husband and wife
Evidence of joint residency

Proving a common-law marriage is necessary to obtain entitled benefits. This may involve inheritance, social security benefits, insurance, and divorce.

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 common-law Marriage in Tennessee After Death?

A partner in a common-law marriage can prove the marriage after their spouse’s death through documents and witness testimony. The parties should have held themselves out as married while the deceased was alive. They should also have cohabited and satisfied all of the other requirements of common-law marriage. The witness testimony may be given by friends and family who were familiar with the couple. They would need to testify that the couples regarded themselves as married and held themselves out to the public in that manner. Records can also be used. These records include evidence of joint residency, documents showing that the couples referred to each other as spouses, among others. However, such a common-law marriage should have been established in a state that recognizes common-law marriages. Otherwise, it shall not be recognized. A spouse who successfully proves the existence of a common-law marriage would be entitled to the rights under the marriage.

Do common-law Marriages Require a Divorce?

Valid common-law marriages require a divorce. A party to a common-law marriage is regarded as married and will be unable to enter a new marriage. They would need to obtain a divorce to end the common-law marriage. The divorce proceedings for common-law marriage are similar to the divorce for a formal marriage. These divorce proceedings for common-law marriages originating from other states may be carried out in Tennessee. It shall also involve a separation of property. If the parties have an agreement regarding how property under the marriage should be shared, it may be followed. Otherwise, the separation shall be carried out according to the law.

Does A common-law Wife Have Rights in Tennessee?

A common-law wife has rights in Tennessee if the common-law marriage originated from a state where common-law marriages are recognized. A common-law wife has the same rights as a wife in a traditional marriage, as long as the common-law marriage can be established. This right includes the right to social security benefits, the right to make medical decisions if the husband is incapacitated, and the right to inheritance. The common-law wife also has a right to marital property upon dissolution of the common-law marriage. A common-law husband also has the same rights as a husband in a traditional marriage. This includes the right to inherit, the right to make medical decisions if the wife is incapacitated, and the right to marital property.

Can a common-law Wife Collect Social Security in Tennessee?

A common-law wife in Tennessee may be able to collect social security if the marriage was validly created in a state that supports common-law marriage. The parties to the marriage would also need to provide proof of the marriage. This would involve completing and submitting the Statement of Marital Relationship Form and a statement from a blood relation. The partner would also need to provide information concerning the marriage, such as when the couple began cohabiting as married couples, the city they cohabited, the duration, and any child from the marriage.

Are common-law Wives Entitled To Half In Tennessee?

A common-law wife is entitled to the same rights as a wife under a formal marriage. Tennessee does not share marital property upon divorce 50-50. Instead, the marital property is shared fairly and equitably between the parties. Tennessee is a fair distribution state. This will be the case unless the parties to the marriage have an agreement regarding how the property should be distributed. If they do, then the property would be distributed in line with the agreement. Otherwise, the Court would determine how it should be shared. The Court considers several factors in doing this, including the following.

The duration of the marriage
The ages of the parties to the marriage and their physical and mental health
The contribution made by each party to the acquisition of wealth, including homemaking
The skills and earning capacity of each party and their abilities for future acquisition of assets
The financial needs and liabilities of each party
Other factors that are necessary to consider the equities between the parties

Only marital property will be distributed upon dissolution of the marriage. Marital property includes assets acquired by any of the parties during the duration of the marriage.

How Do You Get A common-law Marriage Affidavit in Tennessee?

Tennessee does not give common-law marriage affidavits, as common-law marriages cannot originate from the state. However, a common-law marriage affidavit may be obtained in any state that supports such a marriage. The information that should be contained in the affidavit may differ according to the jurisdiction. However, information that should generally be contained in the affidavit includes the following.

The affidavit should indicate the state the parties decided to be married
The affidavit should include the date the parties decided to get married
The affidavit should show that the parties were of legal age to marry when the decision was made

What is Considered common-law Marriage in Tennessee?

Tennessee does not recognize common-law marriages within the state. A marriage in the state should involve the issuance of a license and a solemnization of the marriage. Without these, a valid marriage cannot be created. However, the state of Tennessee recognizes common-law marriages created in states where it is recognized and would grant marriage rights to parties of such marriages.

Does the Federal Government Recognize Tennessee common-law Marriages?

The federal government recognizes common-law marriages originating from states that recognize common-law marriages. At the federal level, common-law marriages may be relevant in the filing of taxes and for immigration purposes. However, Tennessee is not one of the states from which a valid common-law marriage may originate.