Mississippi Common Law Marriage

What Is Common Law Marriage in Mississippi?

Common-law marriage is a union of two individuals who have lived together for some time and present themselves as married to friends, family, and the general public, without obtaining a marriage license or going through the formalities of a traditional marriage. Unlike traditional marriages, only a few US states allow partners to establish common-law marriages within their jurisdictions. Mississippi, like most other states, does not recognize common-law marriages created in the state. However, Mississippi recognizes common-law marriages that occurred in other states where such union is legal. Some jurisdictions that allow common-law marriages include the District of Columbia, Texas, Rhode Island, Kansas, Montana, Iowa, South Carolina, Utah, and Colorado.

Common-law marriages serve as an alternative for individuals looking to cut costs on marriage ceremonies or avoid the formalities of a traditional wedding. In addition, some people consider common-law marriages due to religious beliefs or differences. Despite laws that may differ between states, there are some general requirements for establishing a common-law marriage. For instance, interested persons must be of legal age to marry and eligible to enter a contract. Common-law couples may also enjoy similar marital rights to those in traditional marriages. Examples of such benefits include:

The right to a divorce.
The right to inherit a partner’s property in the event of death.
The right to property division in the event of a divorce
The right to healthcare benefits
The right to visit a partner in jail or prison
The right to child custody in the event of a divorce
The right to spousal support in the event of a divorce
The right to visit a partner in the hospital

Despite the benefits listed above, some disadvantages are peculiar to common-law marriages. Some of these include:

It is difficult to determine child custody rights
It is difficult to lay claim to the deceased partner’s property (especially when there is no document to show that such union existed)
It is difficult to claim property in the event of a divorce
The burden of child support usually falls on the father.

Marriage in Mississippi

In 2019, Mississippi had a marriage rate of 6 marriages per 1,000 persons and a divorce rate of 2.6 per 1,000. A survey carried out in the same year showed that 48% of male residents were married, compared to 45% of females. The survey also revealed that 13% of Mississippi females were divorced, versus 11% of males.

Does Mississippi Recognize Common Law Marriage?

Mississippi does not recognize common-law marriages established in the state. Unmarried couples living together will not be entitled to properties acquired during the relationship should the relationship end or in the event of a partner’s death. However, Mississippi recognizes common-law marriages that occurred in other states where such unions are legal - in compliance with the Full Faith and Credit Clause of the US Constitution. The Full Faith and Credit Clause mandates states like Mississippi to recognize and uphold the laws of other states in the country. Therefore, common-law couples who move to Mississippi from other states may retain their marital rights as long as the marriage originated from a state where such union is permitted.

What Are the Requirements for a Common Law Marriage in Mississippi?

There are no requirements for common-law marriages in Mississippi because the state does not recognize common-law marriages created within. In most states, requirements for establishing a common-law marriage include the following:

Partners must be of legal age to marry
Partners must be eligible to enter a contract
Partners must not be married to other persons
Partners must not be related by blood
Partners must agree to provide each other's needs and share obligations
Partners must present themselves as a couple to family members, friends, colleagues, and others.

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

Common-law marriages formed in Mississippi are invalid regardless of the number of years partners live together. However, Mississippi recognizes common-law marriages that meet the cohabitation requirements in the state where the marriages were established.

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

Mississippi residents who are legally free to marry have met the state’s requirements for marriage. For instance, both partners must be at least 21 years old. Individuals who are not up to the legal age of marriage must have their parents’ consent. Other marriage requirements in Mississippi include:

Both partners must provide valid photo ID and proof of age
Both partners must apply at their county of residence
Both partners must be present for the application
Both partners are required to pay the marriage license fee at the time of application
Both partners must not be related by blood
Both partners must be eligible to enter a civil contract
Both partners must provide records of previous marriages where applicable

What is Intent to Marry in Mississippi?

In Mississippi, intent to marry is the partners’ declaration to get married. Partners are required to fill a form declaring intent before applying for a marriage license. The declaration is also a requirement at the federal level, especially for couples seeking residency in the United States.

What Is an Informal Marriage in Mississippi?

“Informal marriage” is another term for a common-law marriage. It is commonly used in Texas, where both formal and informal marriages are permitted. Although the state of Mississippi does not permit informal marriages, it recognizes those that originated from states where they are legal. This means that common-law couples in the District of Columbia can move to Mississippi and maintain that marital status.

How Do You Prove Common Law Marriage in Mississippi?

Since Mississippi does not permit common-law marriages within its jurisdiction, persons trying to prove the existence of a common-law marriage must provide related documents written and signed by partners. For example, a notarized affidavit is the best way to prove a common-law marriage. However, interested persons may also prove a common-law marriage by providing the following:

Mails addressed to both partners
Statements from family members, friends, or others who are aware of the relationship.
Proof that both partners share the same residence
Proof that both partners have joint leases or rental agreements
A document showing that one of the partners adopted the other’s name
An insurance policy or any other document naming the partner as a beneficiary
A birth certificate naming both partners as parents to a child
A school document listing the couple as parents to a student
A promissory note, loan document, or mortgage financed by the couple
An employment document naming a partner as an immediate family member

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 Mississippi After Death?

In the event of a partner’s death, a widowed partner can prove the existence of a common-law marriage in Mississippi by providing notarized documents supporting such claims, such as a marriage affidavit. The widowed partner may also provide testimonies that acknowledge the union. This may include statements from the deceased’s relatives.

Do Common Law Marriages Require a Divorce?

Yes, common-law marriages in Mississippi require a divorce to legally dissolve the union. This is only applicable to common-law marriages that originate from states that allow such unions. Since Mississippi validates this type of union created in other states, it equally oversees the divorce proceedings according to its laws.

Common-law couples may choose to represent themselves or hire attorneys. Dissolving a common-law marriage is easier if both partners have signed a prenuptial agreement. Depending on the agreement, common-law couples may be entitled to property division, child custody, or spousal support.

Does a Common Law Wife Have Rights in Mississippi?

Yes, a common-law wife has marital rights and entitlements in Mississippi. In compliance with the Full Faith and Credit Clause, the state preserves the marital rights of common-law partners. Similar to a formal wife, a common-law wife who satisfies all requirements is entitled to property division, spousal support, and other benefits.

Can a Common Law Wife Collect Social Security in Mississippi?

Common-law wives in lawful unions may collect social security in Mississippi. An eligible person may obtain and submit a completed statement of blood relationship form and statement of marital relationship form. The following are details required to fill the form:

The date (month and year) when they started to live as husband and wife
The city, county, and state where the union occurred
The duration they have lived together as husband and wife
The places they have lived together as husband and wife
Whether or not the relationship has any children
A list of the couple’s former names, if they have changed names
A list of family members, neighbors, colleagues, or employers who are familiar with the relationship

Are Common Law Wives Entitled To Half in Mississippi?

Mississippi common-law wives are not immediately entitled to half of their spouse’s property. Since Mississippi is an equitable distribution state, courts divide property as fairly and equitably as possible. The court would first decide what assets qualify as marital or separate property, and then consider several factors before concluding on an equitable distribution of assets. Couples should note that a 50/50 split may sometimes be the most equitable way to distribute property.

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

Mississippi does not issue common-law marriage affidavits to couples since the state does not support the establishment of such a union. Interested persons may only obtain common-law marriage affidavits in states with supporting laws. Couples may use the common-law marriage affidavits as proof that a common-law relationship exists between both partners. Below are some of the general statements an affidavit should contain:

The state where both partners formed the union
Each partner’s age at the time they formed the union
The date both partners formed the union
Records of any previous marriages (formal or informal). If any, the involved partner must provide details of the marriage e.g. date of union, name of spouse, and termination date.

When did Common Law Marriage End in Mississippi?

Mississippi stopped recognizing common-law marriages created in the state in 1956. Therefore, all such unions formed after 1956 are considered invalid and illegal. Also, the state does not provide any alternative to common-law marriage. Interested persons who wish to marry must obtain a marriage license.

What is Considered Common Law Marriage in Mississippi?

The state of Mississippi does not permit common-law marriages created within its jurisdiction. Instead, it requires individuals who want to get married to first obtain a marriage license and then go through other formalities. Unmarried persons who live together and engage in sexual intercourse may be charged with unlawful cohabitation as stated under Mississippi Code Title 97. Crimes § 97-29-1.

However, the state of Mississippi recognizes common-law marriages that occur in other states where such union is legal. As such, common-law couples from such states will not be charged with unlawful cohabitation.

Does the Federal Government Recognize Mississippi Common Law Marriages?

The federal government recognizes common-law marriages that occur in states where such unions are legal. Some of the jurisdictions with applicable laws include the District of Columbia, Iowa, South Carolina, Rhode Island, Kansas, Colorado, Montana, Utah, and Texas. Also, common-law couples in valid unions may be eligible for immigration and federal tax benefits.