Understanding Common Law Marriage in Ohio
So, you’ve been telling everyone that you aren’t married. You’ve just been best friends with your ____ (leave blank until after the sentence is published so they can fill in their partner’s name). You do everything people who are in a relationship do, but you do it as pals who also share a life together. Are you married? Well, maybe. You might be in Ohio, where there are a number of common law marriages. Common law marriages are marriages that are considered valid despite the lack of a marriage certificate, effects of family and marital laws, and what others “legally” consider a marriage.
If you haven’t heard of common law marriages, then here are some things to know about them. Ohio doesn’t recognize common law marriages. This hasn’t always been the case, but for now, any marriage not approved by the State is not recognized as a legal union. You’ll have to go through the traditional methods of asking your local government for a license to perform a marriage, and if you haven’t done this, then legally, you aren’t married. It doesn’t matter if you had a ceremony and everyone in your family agrees you are in a committed relationship and you’ve shared a house for fifteen years, if you don’t have a marriage certificate, then you are not married.
And a higher rate of marriage or opinions that such unions are the same as legally recognized marriages does not mean that the union is actually married in a forwarding sense. The legality of these relationships may be an opinion or a matter of faith, but it’s not recognized until you have that marriage certificate that you have to go through the state to attain. With all of those tools, wouldn’t you have taken a moment to also go through the motions to get a marriage certificate, as well?
Of course, the average person doesn’t consider what is “legal” to choose whether or not to consider their life choices problematic, but it might mean declarations by Ohio courts under the law. When selecting a partner, consider how sure you are that you truly don’t want to be committed to the relationship when choosing to declare “separate” – unless you want your partner to inherit your entire estate when you die. There are also other problems directly related to the legal ramifications of being “legally” apart, including health and other benefits as well as tax filings.
It’s sometimes suggested that the philosophies between a court and other key opinions (including those of your family members) are not the barometer by which you should determine whether you want a committed partnership with your partner. But since they can change how much they are entitled to within your will or inherit once you pass away, you do have to consider whether you really want to go sans marriage before committing to a relationship without taking all of these items into consideration. According to the in depth guide on common law marriage in Ohio, you want your cake and eat it too. Isn’t that why you have an apron?