Common Law Marriage in Michigan: What You Need to Know Legally

“Am I common-law married after living with my partner for years?” This question pops up often in Michigan, especially among long-term couples who never formalized their union. The assumption that cohabitation creates a marriage-like status—complete with property rights or spousal support—is a persistent myth. Michigan law is clear: common-law marriage isn’t recognized here, with rare exceptions. This post dives into what common-law marriage means, why Michigan rejects it, and how state laws like MCL 551.2 affect your rights when living together unmarried. Whether you’re splitting up or planning ahead, understanding these rules is crucial.

What Is Common-Law Marriage?

Common-law marriage is a legal status recognized in a handful of U.S. states where a couple becomes married without a license or ceremony. Typically, it requires cohabitation, mutual intent to be married, and public representation as spouses—think sharing a last name or filing joint taxes. States like Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas still allow it, often requiring a couple to live together for a set period (e.g., 7 years in Texas) and act as a married unit. Historically, this practice helped couples in frontier areas formalize unions without official oversight. In Michigan, however, this concept doesn’t apply—except in specific cross-state scenarios.

Michigan’s Stance on Common-Law Marriage

Michigan abolished common-law marriage over a century ago. Under MCL 551.2 (Michigan Compiled Laws, Chapter 551 – Marriage), a marriage is valid only if it meets statutory requirements: a license issued by a county clerk and a ceremony performed by an authorized officiant, such as a judge or clergy member. This law, enacted in 1957, ended any recognition of new common-law marriages within the state. If you’ve lived with your partner in Detroit for 15 years, contributed to their mortgage, and called them your “common-law spouse,” Michigan courts won’t see you as married—no matter how committed you feel.

There’s one exception: Michigan honors common-law marriages validly formed in states that permit them, under the U.S. Constitution’s Full Faith and Credit Clause (Article IV, Section 1). For example, if you and your partner established a common-law marriage in Texas—living together since 2016, sharing a bank account, and presenting as spouses—then moved to Grand Rapids in 2023, Michigan would recognize your union. You’d have marital rights, like property division under MCL 552.19 or inheritance under MCL 700.2102, if you divorce or one of you dies. Without this out-of-state origin, though, cohabitation in Michigan grants no marital status.

Legal Implications of Cohabitation in Michigan

Lacking common-law marriage doesn’t mean cohabitation is legally inconsequential. Michigan courts won’t divide property or award spousal support between unmarried partners, but other laws can come into play:

1. Real Estate and the Statute of Frauds: Under MCL 566.106 (Michigan’s Statute of Frauds), real estate ownership hinges on written title. If you’ve lived in your partner’s Ann Arbor home for a decade, paid half the $250,000 mortgage, and renovated the kitchen, you have no automatic claim to it unless your name is on the deed. Oral promises like “This house is ours” rarely hold up, as courts prioritize written evidence. A 2024 survey by the Michigan Legal Institute (hypothetical) found 22% of cohabiting couples mistakenly believed they had property rights without title.
2. Personal Property Disputes: Courts lack jurisdiction to split personal property—like furniture, cars, or a $5,000 TV—between unmarried ex-partners under divorce laws (MCL 552.23 applies only to married couples). If you leased a car for your ex-girlfriend in 2023 and split in 2025, she can’t force you to keep paying through family court. You’d need to sue in small claims court (up to $6,500 under MCL 600.8401) for reimbursement, proving it was a loan, not a gift.
3. Children and Custody: If you have a child together, common-law marriage is irrelevant. Michigan law allows either parent to file for custody, parenting time, or child support under MCL 722.711 (Paternity Act) or MCL 722.23 (Child Custody Act). For instance, after a 10-year relationship in Lansing ends, the father could seek joint custody of a 5-year-old, but the court won’t touch the couple’s $30,000 joint savings or car lease disputes.

Scenarios and Risks

Consider this: Sarah and Tom lived together in Flint for 12 years, raising a son. Sarah paid $1,000 monthly toward Tom’s house, assuming it was “theirs.” When they split in 2025, Tom kept the house (titled solely in his name), and Sarah got nothing—despite her $144,000 contribution—because Michigan doesn’t recognize common-law marriage or equitable property division for unmarried couples. Alternatively, if Tom leased Sarah a $40,000 SUV in 2024 and she demands he keep paying post-breakup, he’s off the hook unless a written agreement exists.

Without marriage, there’s also no spousal support under MCL 552.13. After 20 years together in Kalamazoo, neither partner can claim alimony, unlike in a divorce. This cuts both ways—freedom from obligation, but also no safety net.

Practical Legal Steps to Protect Yourself

1. Get It in Writing: Before cohabiting, draft a cohabitation agreement under MCL 566.132 (contracts not requiring real estate formalities). Specify who owns what—e.g., “Tom keeps the house; Sarah gets 50% of joint savings”—to avoid disputes.
2. Title Assets Clearly: Put both names on property deeds or car titles if you intend to share ownership. Without this, the untitled partner risks losing everything, per the Statute of Frauds.
3. File for Custody if Needed: If you have kids and split, file a custody complaint under MCL 722.711 to secure parenting rights and support—no marriage required.
4. Consult an Attorney: Before moving in or out, seek legal advice. A Michigan family law attorney can assess your situation, draft agreements, or pursue small claims remedies if disputes arise.

Why Legal Awareness Matters

Michigan’s rejection of common-law marriage leaves cohabiting couples vulnerable. A 2023 Michigan Bar Association report (hypothetical) found 30% of unmarried partners faced property disputes post-breakup, with 70% unaware of their limited rights. Without proactive steps, you’re at the mercy of black-and-white laws like MCL 551.2 and MCL 566.106.

Common-law marriage in Michigan is a legal nonstarter under MCL 551.2, except for valid out-of-state unions recognized under federal law. Cohabitation offers no marital protections—property, support, or otherwise—but opens doors to custody claims or small claims disputes. If you’re living with a partner in Michigan, don’t assume time creates rights. Protect yourself with clear agreements and legal counsel to navigate this marriage-free landscape confidently.

Curious about common law marriage in Michigan? Contact us or dive into our blog for more legal clarity.

Sources

1. YouTube Video: “Does Common Law Marriage Exist in Michigan?” https://www.youtube.com/watch?v=BUtLGe5YoxE, accessed March 7, 2025.
2. Michigan Compiled Laws: MCL 551.2 (Marriage Requirements), MCL 566.106 (Statute of Frauds), MCL 552.19 (Property Division), MCL 722.711 (Paternity Act).
3. U.S. Constitution: Article IV, Section 1 (Full Faith and Credit Clause).