How Family Law Treats Informal or Common Law Marriages

Many couples live together for years, raise children, and consider themselves spouses without ever obtaining a marriage license. In a stable relationship, it can often feel as though there’s little distinction between this arrangement and a legal marriage.

Family law views marriage as a legal status, not merely an emotional bond, and this status impacts property rights, support obligations, and inheritance. The situation becomes even more complex when couples have lived in multiple states or assume they’ve established a “common law marriage.”

At Middle Tennessee Family Law, we provide affordable and aggressive legal counsel and representation to families in Franklin County and across Middle Tennessee. At our firm, clients are treated like family, and we leave no stone unturned as we pursue the best possible outcome for you.

Let's explore how Tennessee handles informal or common law marriages.

Why Couples Rely On Informal Marriages

Some couples choose not to marry, believing their relationship works perfectly as it is. Others postpone marriage due to financial considerations, previous divorces, or concerns about losing benefits. Over time, they may purchase homes together, raise children, and refer to each other as husband and wife, despite never obtaining a marriage license.

From the outside, these couples may look just like married spouses, and they may see themselves that way as well. The problem usually surfaces when they separate, one partner dies, or someone needs spousal benefits. That’s when questions about legal status, property rights, and support become urgent.

How Tennessee Treats Common Law Marriage

Tennessee family law doesn’t recognize common law marriage created by living together and calling each other spouses. Living together for many years, sharing bills, or using the same last name isn’t, by itself, enough to create a legal marriage under Tennessee law. The state expects most couples to follow the process of getting a license and having the marriage solemnized.

However, Tennessee may recognize a common-law marriage validly created in another state that allows such unions. In those situations, the couple’s status depends on whether they met the other state’s requirements while living there, not on what happened after they moved to Tennessee.

Proving a Common Law Marriage From Another State

If you’ve moved to Tennessee after living in a state that recognizes common law marriage, you may need to show that you actually met that state’s requirements. Courts typically look at real-life evidence rather than just what one partner remembers, and they often focus on documents like these:

• Statements about being married: Old forms, social media posts, or introductions where both of you described each other as husband or wife can help show you presented yourselves as married.

• Shared financial arrangements: Joint bank accounts, shared credit cards, or co-signed loans may support the idea that you combined your finances as a married couple.

• Housing and ownership records: Deeds, leases, or other records that list both partners as spouses can show how you structured your home life in the prior state.

• Benefits and legal documents: Beneficiary designations, tax returns, or employer paperwork that describe the relationship as a marriage can also matter.

No single piece of evidence alone decides the question, and the rules depend on the law of the state where the common-law marriage allegedly began. But gathering documents and understanding how they fit together can make it easier to evaluate whether you’re likely to be treated as legally married in Tennessee family court.

That status matters a great deal if you’re separating or facing disagreements about money or property.

Property and Debt When Informal Partners Separate

When a legally married couple divorces, property and debt are usually divided through equitable distribution rules that apply to marital assets.

Couples who only lived together in Tennessee without a formal or recognized out-of-state marriage don’t automatically receive those protections. Instead, they may need to sort out ownership based on titles, contracts, and general property law rather than divorce laws.

If you’re ending an informal relationship, it helps to think carefully about what you’ve acquired together by focusing on key categories like these:

• Real estate ownership: A house titled in only one partner’s name may legally belong to that person, even if both contributed to payments or improvements.

• Bank accounts and investments: Joint accounts are often treated differently from accounts held in just one name, which can affect who keeps what after a breakup.

• Personal property and vehicles: Cars, furniture, and other valuable items may need to be sorted based on purchase records, titles, and written agreements.

These differences can surprise people who believed common law marriage would automatically protect them. When you understand how property is likely to be treated, you’re in a better position to discuss settlement options or decide whether you need help asserting your rights. The same is true when children are involved, though family law treats their interests differently.

Children's Custody and Support Outside Formal Marriage

Parental rights and responsibilities don’t depend on whether the parents had a wedding. In most situations, courts consider the child’s needs, each parent’s involvement, and other best-interest factors, regardless of whether the parents were formally married, informally partnered, or never lived together.

Child support is also handled separately from marital status. A parent’s obligation to support a child doesn’t disappear just because the parents never created a legal marriage. However, unmarried parents may need to address paternity, birth certificates, and initial custody orders that married parents often take for granted.

Protecting Yourself When You’re Not Formally Married

If you’re in a long-term relationship without a formal marriage, there are practical steps you can take to reduce confusion and conflict later. Couples who want to protect each other, or clarify that they’re not married, can use written agreements and careful recordkeeping to make their intentions clearer:

• Written cohabitation agreements: Partners can sign a document that explains how they’ll handle property, debts, and support if the relationship ends, which may reduce disputes later.

• Titles and beneficiary choices: Making deliberate decisions about who appears on deeds, vehicle titles, bank accounts, and life insurance policies can reflect how you want your assets handled.

• Estate planning documents: Wills, powers of attorney, and health care directives help control who can make decisions and who’ll inherit if one partner becomes ill or dies.

• Clear records of major contributions: Keeping track of large payments, repairs, or investments may help support your position if you later need to show what you contributed.

These steps can’t turn a nonmarital relationship into a legal marriage in Tennessee, but they can help you avoid surprises about property and decision-making. They also give both partners a chance to talk openly about expectations, which may strengthen the relationship while providing backup plans if life takes an unexpected turn.

Health Care Decisions and Medical Privacy for Unmarried Partners

Medical emergencies often expose the legal gaps in an informal relationship. Hospitals usually look first to a legal spouse or next of kin for decisions, so an unmarried partner may have little say unless there are written documents in place. Without clear permission, you may also have trouble getting information due to medical privacy rules.

Unmarried partners who want a voice in health care decisions can use tools such as medical powers of attorney, living wills, and HIPAA releases to outline their wishes. These documents can name each other as decision-makers and authorize access to medical information if one person can’t speak for themselves.

Reach Out to Our Law Firm

Questions about informal or common law marriages often surface during stressful transitions, when you need clarity the most. Our family law attorney can review your history, explain how Tennessee law may treat your relationship, and outline options for protecting your rights. 

At Middle Tennessee Family Law, we serve clients in Franklin, Tennessee, and the surrounding areas of Middle Tennessee. Call our office today to schedule a consultation.