Indiana, unlike many other states, does not recognize common law marriage. This means that simply living together for an extended period, sharing finances, or presenting yourselves as married to others does not create a legally recognized marriage in the eyes of the Indiana state government. To be legally married in Indiana, you must obtain a marriage license and have a legally recognized ceremony.
This can be confusing, particularly for couples who have lived together for many years and believed themselves to be married. Understanding the implications of Indiana's stance on common law marriage is crucial for legal, financial, and personal planning.
What Constitutes a Legal Marriage in Indiana?
A legal marriage in Indiana requires the following:
- Marriage License: Obtaining a marriage license from the county clerk's office is the first and most crucial step. This license is proof that the state recognizes your intention to marry.
- Ceremony: A legally recognized ceremony, performed by an authorized officiant, must take place. This officiant can be a judge, a member of the clergy, or someone specifically authorized by the state.
- Valid Witnesses: While not always strictly required, having witnesses present at the ceremony can help to provide evidence of the marriage if any future disputes arise.
What Happens if a Couple Believed They Were in a Common-Law Marriage in Indiana?
Even if a couple has lived together for decades, shared finances, raised children, and held themselves out to others as married, Indiana will not recognize this as a legal marriage. This lack of legal recognition has significant implications:
- Inheritance: Without a legal marriage, the surviving partner may not inherit assets from the deceased partner. Inheritance laws in Indiana favor legally married spouses.
- Healthcare Decisions: In medical emergencies, a common-law spouse would not have the automatic legal right to make healthcare decisions for their partner.
- Taxes: Filing jointly as married couples for tax purposes is not allowed for couples who were only in a common-law relationship.
- Property Rights: Property ownership, division of assets upon separation, and other related legal matters would be determined by the laws governing unmarried couples and cohabitation agreements, not marital laws.
Can I Protect Myself in a Long-Term Relationship Without Formal Marriage?
While Indiana doesn't recognize common-law marriage, there are steps you can take to protect yourself and your assets in a long-term relationship:
- Cohabitation Agreement: This legally binding contract outlines the rights and responsibilities of each partner regarding finances, property ownership, and other important matters. It provides clarity and legal protection in the absence of a formal marriage.
- Wills and Trusts: Creating a will and/or establishing a trust allows you to specify how your assets will be distributed upon your death, ensuring your partner's financial security, even without the legal protections of marriage.
- Power of Attorney: Granting a durable power of attorney allows your partner to make legal and financial decisions on your behalf should you become incapacitated. This is crucial for healthcare decisions and managing financial matters.
What if I Moved to Indiana From a State that Recognizes Common-Law Marriage?
Indiana generally does not recognize common-law marriages established in other states, even if the couple subsequently moves to Indiana. The validity of the marriage will depend on the laws of the state where it was established. However, proving that a common-law marriage was valid in another state and establishing its continuation in Indiana could be complex and legally challenging. Consulting with an experienced Indiana family law attorney is highly recommended in such situations.
This information is for general knowledge and should not be considered legal advice. It is crucial to consult with a qualified Indiana attorney for guidance on matters concerning marriage, inheritance, and property rights. They can help you understand your specific circumstances and advise you on the best course of action.
