Common-law marriage is a legal framework whereby a couple could be considered “married” based on the length of their relationship and the representations that they make to friends and family—even without a formal marriage license. The National Conference of State Legislatures (NCSL) notes that only eight states still actively recognize common-law marriages.
Ohio is no longer a common-law marriage state. The law for common marriage in Ohio changed in 1991. However, if you are in a long-term relationship (pre-1991) or from another state, common-law marriage could still potentially have implications for probate. Here, our Ohio estate planning attorney explains the key things to know about common-law marriage and probate in Ohio.
What to Know About Ohio’s Law on Common-Law Marriage
First and foremost, it is important to understand how common-law marriage actually works in Ohio. The state used to be a common-law marriage jurisdiction, but that is no longer the case. Under Ohio law (Ohio Statute § 3105.12), the state prohibited the recognition of common-law marriage starting on October 10th, 1991. If you and your partner entered a relationship in Ohio after October of 1991, you are not married. The state only recognizes formal marriages. However, there are still two circumstances in which a common-law marriage may be valid in Ohio:
- You are in a Pre-1991 common-law Marriage: Ohio’s ban on common-law marriage did not affect couples who were already in a valid common-law marriage.
- You Have a Valid common-law Marriage from Another State: As noted at the outset of the article, eight states still have active common-law marriage laws. Ohio does recognize a common-law marriage that was deemed valid under another state’s laws.
Navigating Common-Law Marriage and Probate
Probate is the process through which a court will oversee the administration of a person’s estate. If there is a valid estate plan in place (will, trusts, etc), those documents will control who has the right to inherit property and assets. If there is no will or trust in place, the estate will be handled under Ohio’s intestacy laws. A surviving spouse is generally a primary heir. Here is how common-law marriage impacts the probate process:
- Valid Common-Law Marriage: The surviving partner is a spouse in the eyes of the law and has the full inheritance rights that come with that.
- Invalid Common-Law Marriage: The surviving partner is not a spouse in the eyes of the law and likely has no statutorily protected rights.
Common-law marriage and probate can be exceptionally complicated. With a common-law marriage, it is especially important to have a comprehensive estate plan in place. You do not have to go through the legal process alone. An Ohio estate planning attorney with experience handling probate cases will help you determine the right steps to take to protect your rights and interests.
Call Our Cortland, OH Estate Planning Lawyer Today
At The Law Office of John C. Grundy, our Cortland estate planning lawyer is a solutions-focused advocate for clients. If you want to know more about common-law marriage and probate, we will help. Give us a call now for your completely confidential case evaluation. We provide estate planning and probate law representation throughout Northeast Ohio.