Pennsylvania Common Law Marriage

What Is Common-Law Marriage in Pennsylvania?

Common-law marriage in Pennsylvania refers to a non-ceremonial marriage in which the couple live together and present themselves as husband and wife to family, friends, and community. Also known as an informal marriage, this union requires no license or formal ceremony but may need to meet the state’s common-law marriage requirements. Requirements may include co-habilitation for a significant period, co-ownership of property, signed contracts together, and the couple's capacity to marry determined by age, mental soundness, and availability.

Common-law marriage may help the couple save money while also providing most of the financial and legal benefits gotten from formal marriages, such as:

Valid and legally binding till divorce
Ability to inherit (with proof and a valid will)
Ability to receive a pension, insurance, healthcare, or Social Security benefits
Exemption from the gift tax
Claiming alimony, child custody rights, and deductions for mortgage interest
Getting marital exemptions for their estate
Visitation rights in hospitals, prison, or jails

While couples married by common law enjoy these benefits, they are also vulnerable to the following disadvantages:

Difficulty in proving marriage, especially without legal documents
The divorce takes more time and money to prove that the marriage is legally enforceable, compared to a divorce from the formal marriage
Claiming inheritance may be more complicated, especially without a will
The burden of proof falls on the proponent

Note: Not all states allow or recognize common-law marriages.

Does Pennsylvania Recognize Common-Law Marriage?

Yes, Pennsylvania partially recognizes common-law marriages. According to Pennsylvania Consolidated Statutes § 1103, only common-law marriages that occurred in the state before January 1, 2005, are valid, and any marriages after this date shall be deemed invalid. Couples must have satisfied all requirements before being recognized by law to be legally enforceable, especially the exchange of vows stating consent and intent to be married. Pennsylvania also recognizes valid common-law marriages entered into in other states.

What Are the Requirements for a Common-Law Marriage in Pennsylvania?

Before the abolition of common-law marriages under PA Cons. Stat. 1103, couples were required to have the capacity or legal ability to enter into marriage. Criteria for this included:

Parties must be of the opposite sex.
The couple must exchange words of present intent to marry
The decision must be consensual
Parties presented themselves as husband and wife in public
Parties must have the capacity to marry

Note: There were no cohabitation or residency requirements. However, couples may use consistent cohabitation to strengthen claims of being married by common law.

How Many Years Do You Have to Live Together for Common-Law Marriage in Pennsylvania?

Before it was abolished, Pennsylvania did not have a specific period for couples to live together for common-law marriage. While the length of cohabitation may help prove claims for an inheritance, protection from creditors, or claims of common-law marriage after death, it is not a determining factor in creating a common-law marriage.

What Does It Mean to Be Legally Free to Marry in Pennsylvania?

To be legally free to marry in Pennsylvania is similar to having the capacity to marry. This shows that the parties had the legal right to marry, so the marriage cannot be made void by age, mental incapacity, or other grounds that may lead to annulment. To be legally free to marry entails the following:

Parties must be of sound mind.
Parties must be of legal (marriageable) age i.e. at least 18 years of age
Parties must be currently unmarried

What Is Intent to Marry in Pennsylvania?

In Pennsylvania, intent to marry is an exchanged statement that expresses the will to be immediately married. Similar to vows exchanged at a traditional marriage ceremony, these words are spoken for the purpose of establishing the legal relationship as husband and wife. Note that the statement should not express a future wish to marry like "I would take you for my husband” but "I do take you as my husband."

What Is an Informal Marriage in Pennsylvania?

Informal marriage in Pennsylvania refers to marriage without a license or formal ceremony, such as a common-law marriage.

How Do You Prove Common-Law Marriage in Pennsylvania?

Although there is no clear-cut algorithm for determining a common-law marriage, proving it requires interested parties to present clear and convincing evidence that shows the existence of a spousal relationship. Individuals who wish to obtain an inheritance, divorce from common-law marriages, or other benefits may prove that the marriage existed by providing evidence that both parties had the capacity to enter into the marriage and had exchanged words stating consent and intent to be married. The couple can do this by:

Showing that they 18 years and above at the time of the marriage
Proving that they were not married to someone else at the time
Getting testimonies from friends, family, or community members that the couple called themselves spouse and that they are considered as husband and wife

However, if a spouse says that intent to marry was not established or one or both parties in a common-law marriage is/are deceased, it may be difficult to prove the common-law marriage.

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 Pennsylvania After Death?

In cases where one or both parties in a common-law marriage is/are deceased, it may be hard to prove the couple exchanged words of intent. However, courts may presume that the couple was married if the proponent can provide:

Evidence that parties lived together consistently (cohabitation alone makes the presumption of marriage easily rebuttable)
Evidence of co-owned property, joint leases, or rental agreements
Legal or certified documents that shows filing status as married or that the couple signed together as husband and wife, such as joint credit applications, tax returns, and jointly owned bank accounts
A birth certificate naming both parties as parents of a child
Evidence that one spouse named the other as a beneficiary on pension benefits or life insurance
Testimonies from friends, family, or community members that the couple called themselves spouse and that they are generally considered as husband and wife

Note: If there is evidence that the couple did not expressly agree to live as husband and wife, the court's presumption will be rebutted.

Do Common-Law Marriages Require a Divorce?

Common-law marriages require a divorce to legally dissolve the marriage. However, the burden of proof falls on the party that seeks the divorce, and this may prove stressful, especially if the other spouse claims that they were not married.

Does a Common Law Wife Have Rights in Pennsylvania?

A common-law wife has the same rights as any legally married wife in Pennsylvania. Hence, once a common-law marriage is established, the wife is entitled to the same spousal, parental, financial, and property rights and can apply for these benefits when seeking a divorce.

Can a Common Law Wife Collect Social Security in Pennsylvania?

A common-law wife in Pennsylvania may be eligible for Social Security benefits if the existence of a valid common-law marriage is established. All common-law marriages in states that accept them - at the time of the marriage - are recognized by the U.S. Social Security Administration (SSA). Therefore, couples in valid common-law marriages established in Pennsylvania before January 1, 2005, have rights to some employment and Social Security benefits. Interested persons may provide the following to the SSA to prove the existence of a common-law marriage under the following circumstances:

If both parties are alive, bring four statements confirming the marriage; one each from the husband, wife, husband's blood relative, and wife's blood relative.
If one party is deceased, the spouse applying for benefit must submit one statement confirming the marriage and two statements from the deceased spouse's blood relatives.
If both parties are deceased, the applicant must submit two statements confirming the marriage; one each from the husband's blood relative and wife's blood relative.

Applicants must submit these statements using the Statement Regarding Marriage or Statement of Marital Relationship form.

Are Common Law Wives Entitled to Half in Pennsylvania?

Once a common-law marriage is established, the wife qualifies for equitable distribution of marital property in a divorce in line with PA Cons. Stat. § 3502. However, not all properties are subject to equitable distribution, as properties can either be marital or nonmarital. Marital properties refer to all assets acquired by either spouse from the marriage date until separation, whereas non-marital properties include separate assets acquired by:

Either spouse before marriage and after separation
Inheritance or gift at any time (excluding gifts received from one spouse during marriage)

Note that this law does not prevent a spouse from selling properties bought on their own without the permission of the other spouse if the other spouse is not included in the deed

How Do You Get a Common-Law Marriage Affidavit in Pennsylvania?

Although Pennsylvania does not recognize common-law marriages after January 1, 2005, couples married before the ban may obtain a common-law marriage affidavit in the state from the Clerk of Courts in the county. Parties may need to provide the following:

Party names, ages, and status prior to marriage
Marriage date and location
Statement on mutual decision to be married
Statement on lack of legal impediments to the marriage
Documents supporting claims

Note: The affidavits must be signed and notarized

When Did Common-Law Marriage End In Pennsylvania?

As per PA Cons. Stat. 1103, common-law marriages in Pennsylvania ended on January 1, 2005. Any common-law marriage entered into in the state from this date is considered invalid. Interested persons may opt instead for traditional or Quaker weddings, which require a marriage license.

What Is Considered Common-Law Marriage in Pennsylvania?

Any valid union that was established in the state before January 1, 2005, is recognized as a common-law marriage in Pennsylvania. Although there are no licensing or ceremonies involved, couples must have the capacity to marry and exchange words of present intent and consent to assume all of the duties and responsibilities of a marriage relationship. In Pennsylvania, the validity of the marriage rests majorly on present intent to marry and not cohabitation.

Does the Federal Government Recognize Pennsylvania Common-Law Marriages?

The federal government recognizes common-law marriages established in states that recognize them. As of 2021, only a minority of U.S. States fully recognizes and practice common-law marriage, namely:

There are also states that recognize common-law marriages that happened before they were banned. This includes common-law marriages in:

Pennsylvania before January 1, 2005
Ohio before October 10, 1991
Georgia before January 1, 1997
Oklahoma before November 1, 1998
Idaho before January 1, 1996
New Hampshire (inheritance purposes only)