Common Law Marriage in Michigan
State-specific overview · Family Law
Michigan does not recognize common law marriage under current law, though it recognized them before 1957.
How Michigan treats Common Law Marriage
Michigan abolished common law marriage effective January 1, 1957, and no longer permits new common law marriages to form. Couples who entered into common law marriages before 1957 may retain those rights if properly documented. Today, Michigan requires a formal marriage license issued by the state and a ceremony performed by an authorized official. Cohabitation alone, regardless of duration or mutual intent, does not create a valid marriage.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Michigan.