Robert Knight | February 24, 2025 | Family Law
When it comes to marriage, most people are familiar with the traditional process of obtaining a marriage license and having a ceremony to formalize their union. However, some couples may wonder if there’s an alternative to this process, mainly if they’ve lived together for an extended period. In Louisiana, the concept of common law marriage has been debated. In this article, our Shreveport divorce attorneys explore the answer to this question and provide guidance on what you need to know.
What is Common-Law Marriage?
Common-law marriage, also known as “informal marriage” or “marital cohabitation,” is a legal recognition of a couple who live together and present themselves as married without obtaining a marriage license or holding a formal ceremony. Recognition of common-law marriage varies by jurisdiction, with some states granting it full legal status and others rejecting it entirely.
Historically, common-law marriage originated as a practical alternative to formalized unions. Today, a few states still uphold it, granting legal rights similar to traditional marriages. To establish a common-law marriage, couples typically must cohabit for a significant period, have the legal capacity to marry, and present themselves as married to family, friends, and the community.
Louisiana’s Perspective on Common Law Marriage
Louisiana is one of the states that does not recognize common-law marriage. Louisiana Civil Code Article 86 states, “A marriage contracted between parties who have not been formally married is not valid.” This means that even if a couple has been living together for many years, they are not considered married in the eyes of the law unless they have obtained a formal marriage license.
Consequences of Not Recognizing Common Law Marriage
Not recognizing common-law marriage in Louisiana has significant implications for couples who live together without a formal marriage license. Some of these consequences include:
- Inheritance rights: Without a formal marriage license, partners may not be entitled to inheritance rights, even if they have lived together for many years.
- Property rights: Common law spouses may not have the same property rights as formally married couples, including rights to shared property and joint ownership.
- Tax implications: Couples who are not formally married may not be eligible for joint tax filing or other tax benefits.
In summary, the lack of recognition for common law marriage in Louisiana can lead to significant legal and financial challenges for couples who live together without a formal marriage license, affecting their rights in matters such as inheritance, property ownership, and personal injury claims.
Impact on Personal Injury Cases
If you’re in a personal injury case and in a relationship, it’s important to understand how your legal status could impact your case. In Louisiana, common-law spouses do not have the same legal rights as married couples, particularly regarding inheritance and property. However, this distinction can also affect other aspects of your claim.
For example, if you’re in a car accident and your partner is injured, your insurance may cover their medical expenses. However, if you are not legally married, your partner may not qualify for the same level of coverage as a spouse in a formal marriage. Understanding these differences can help you navigate your case more effectively.
Contact our North Louisiana Litigation Lawyers at Knight Law Firm for Help Today
In conclusion, Louisiana does not recognize common-law marriage, and couples who live together without a formal marriage license are not considered married in the eyes of the law. This has significant consequences for couples regarding inheritance rights, property rights, and tax implications.
Suppose you’re involved in a personal injury case and you’re in a relationship. In that case, it’s essential to understand how this can impact your case. At Knight Law Firm, we understand the complexities of personal injury cases. We can provide guidance on how common-law marriage can impact your case. Contact us today to schedule a consultation and learn more about your options.
We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006
Shreveport LA 71101
