Does Tennessee Recognize Common Law Marriage?

Common law marriages offer the legal protections of marriage to people who live as a married couple and hold themselves out as spouses even though they never formally married. For instance, a couple that is in a common law marriage and their children may have inheritance rights as if the couple were married. However, not all states have common law marriage. It is important to know whether or not your state has this policy, as it may impact you and your relationship.

What exactly is a common law marriage?

Common law marriage is a marriage that occurs without a marriage license or ceremony. Most people think of marriage as applying for a marriage license, picking out a tuxedo or white dress, inviting close loved ones to a ceremony, and filling out paperwork to ensure everything is legal. However, for many years, couples in places that recognize common law marriage could simply live together for the required number of years and gain the legal status of a married couple.

Does Tennessee recognize common law marriage?

Tennessee does not currently recognize common law marriage, which is formed between two people who cohabitate or live together. In fact, Tennessee is one of the states that never allowed couples to pursue common law marriages. The only way that Tennessee will recognize a common law marriage is if a couple who relocates to Tennessee is already in a common law marriage in another state that recognizes and allows this practice. In 2024, there are only a few states still allowing common law marriages, including:

• Colorado
• District of Columbia (Washington, DC)
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

Some other states previously recognized common law marriages and will continue to recognize those marriages that occurred before they changed the law. New Hampshire allows common law marriage only for inheritance purposes.

What rights and protections does marriage provide in Knoxville, TN?

Marriage provides many rights and protections to couples in Tennessee and other states. Here are a few of these rights and protections:

• Right to marital property: When property or items are collected throughout a marriage, they typically belong to both spouses. For example, if you or your spouse buys a house, start a business, or even take out a loan, these items belong to you both regardless of whose name is on them. This is important, especially if one of the spouses passes away.
• Tax benefits: Married couples can file jointly during tax season. This means that they are typically recognized as one to the government and can submit their tax returns together, which sometimes comes with benefits such as receiving a higher tax return.
• Right to inheritance: When your spouse passes away, you can inherit their assets, property, retirement, disability, Medicare, or military benefits.
• Legal protections: There are also many legal protections for married spouses. For example, if your spouse is severely injured or sick, you can make medical decisions regarding their care. If your spouse is wrongfully killed, you can also pursue a wrongful death claim to cover your losses. You also have the legal right to visit them in the hospital or jail. In addition, if you divorce, you can potentially receive your share of the marital property.

Are there other ways for my partner and I to protect ourselves if we do not want to get married?

If you and your partner have no desire to get married, that is your choice. However, if you are living together, thinking about buying a home, planning to start a business, or simply want to make sure one another will receive certain items in the event of a tragic accident, you should consider taking the step to legally protect yourselves. Below, we will go over two different ways to do this.

1. Cohabitation agreement: A cohabitation agreement is a wonderful tool today when many people choose to never marry. These legal documents are commonly referred to as “living together agreements” and can implement certain protections in the event of death or separation. While many people may see cohabitation agreements as a source of doom and gloom for their relationship, these agreements can actually give couples peace of mind, knowing what to expect in the future. A few different factors that should be mentioned in a cohabitation agreement are property and assets division, payment obligations (who will pay the mortgage, rent, utilities, etc.), debt responsibility, decisions regarding children, and more. You both must sign and acknowledge this agreement in front of witnesses for it to be legally valid and recognized.
2. Estate plan: Another way for you and your partner to legally protect yourselves is by creating an estate plan. Although it can be tricky navigating an estate plan without marriage, it is not impossible with the help and guidance of a Knoxville estate planning lawyer. When planning your estate, you and your partner must address the circumstances of your relationship, such as your assets, properties, businesses, family, and more. Depending on your unique situation and circumstances, it may be a good idea to create a Will or Trust that will explain your wishes and desires when you are no longer here. If you want your partner to be able to make decisions for you if you become incapacitated, it may be beneficial to also create a power of attorney.

If you are in a long-term relationship with no plans or goals of becoming married soon, you may want to consider protecting your legal rights. Even though marriage isn’t for everyone, it is important to ensure protection in the event of a separation, especially if you and your partner have invested or made big purchases together. At LaFevor & Slaughter, our Knoxville family law attorneys have your back during these situations. Please call our office or submit our contact form to learn more about your legal options today. We will happily schedule a meeting with you and your partner to discuss what you need to do to ensure that you are fully protected. This does not have to strain your relationship; instead, you should look at it as an endearing step in the right direction to ensure your best interests are kept in mind.