How Does Iowa Define Common Law Marriage?
In Iowa, a couple is considered to be married under a common law marriage if they meet several specific requirements. First, both parties must have the mental capacity to enter into the marriage, and they must both intend to do so. Additionally, in proving intent, they must have cohabitated for an indefinite period of time.
There are other requirements that must be met for a couple to be considered common law married in Iowa. According to the Iowa Supreme Court, even though common law marriage is obsolete in Iowa, it does not mean that it does not exist throughout the state . The Court stated that in order for a common law marriage to be proven, a person seeking such marriage must satisfy the following conditions:
- The people involved must be eligible to marry but absent a license.
- All elements of marriage must be present.
- There must be evidence of a mutual agreement to be married, and the parties must hold themselves out as husband and wife for an indefinite period of time.
- Cohabitation must occur.
- The parties must have capacity to marry.
The burden of proof is on the party seeking a common law marriage, and the court must conclude that the parties have met all five of the elements.
Evolution of Iowa’s Common Law Marriage
Historically, Iowa’s recognition of common law marriages was derived from the common law precedent set forth by English and American judges. The case of In re McCoy (1915) outlines how Iowa law treated the issue of common law marriage prior to 1980: "[W]hen parties of the proper legal age . . . . enter into a marriage contract . . . under circumstances which would entitle them to a decree of specific performance, equity law regards it as equivalent to a contract with a matrimonial character . . . which a court of equity will enforce." The holding in In re McCoy, which was published almost a century ago, demonstrates the high regard that Iowa courts have for common law marriage, and further bolsters the strict line of individuals that can claim to be married under this doctrine.
However, the Iowa legislature worked to remove the option of claiming common law marriages, since it feared the possibility of fraud or deceit without systematic record-keeping. In 1980, Iowa Code § 594.7 was entered to the Iowa Code. This statute explicitly stated that all marriages performed in Iowa must procure a marriage license and conform to the framework set out in Iowa Code Chapter 595. As a result of this statute, there was no longer a basis in Iowa law for entering into a common law marriage. Under the new law, two adults could legally marry by fulfilling a requirement of procuring a marriage license, paying a fee, and having a religious or civil official perform the marriage ceremony. Thereafter, the legislature amended the statute creating additional options and expanding the categories of officials who could perform marriages in Iowa. Today, the couple seeking to marry may have a religious official or a judge or clerk of court full the ceremony. However, the new Iowa marriage law still did not expressly prohibit common law marriage. While the Iowa Supreme Court has held that the 1980 law intended to eliminate the enforcement of a common law marriage as a result of the grant of a marriage license, what was unclear was whether there was a contractual basis for a marriage validly entered into even though a common law marriage occurs after the enactment of the 1980 law.
In response to its prior holding in In re McCoy, the Iowa Supreme Court concluded in 1991 that there exists contract and judicial estoppel issues. Accordingly, the Court found a need to establish a definite period of time for which a common law marriage would no longer be valid. To this end, the Court held in In re Estate of Stidham that "in the absence of a prior court decree or certificate of marriage" a common law marriage must occur after the parties have cohabited and declared an intent to be married for a period of at least three years. However, the Iowa legislature, through the adoption of Iowa Code § 597.18A, rejected this holding. Iowa Code § 597.18A conclusively states that a marriage solemnized in Iowa without a marriage license is void; i.e., a marriage entered into without a marriage license is no longer valid in Iowa.
Nevertheless, the Iowa Supreme Court has recognized limited exceptions to the general rule under Iowa Code §§ 594.7 and 598.1(2)(b)(c) and concluded that a court has the authority to validate a purported marriage formally entered into without a marriage license. The Iowa Supreme Court justified this exception on the grounds that upholding the validity of the marriage after the parties have relied on it would not offend public policy.
In light of the foregoing law and history, it appears that the Iowa Supreme Court has endeavored to maintain the long standing tradition of protecting the validity of common law marriages, while at the same time, comply with the legislative enactments concerning marriage licenses. As a result, no single act, either statutory or judicial, has obliterated the doctrine of common law marriage in Iowa.
Appeal and Rights for Common Law Spouses
A common law marriage is one in which the couple consent to be married without a formal ceremony and without a marriage license. Iowa does not have common law marriages, but it does recognize them. Iowa Code section 596.3 states the conditions for legal recognition of a common law marriage. To enter into this type of relationship, the parties must have the intention of being married, and they must fulfill the following requirements: In determining whether the relationship meets these requirements, Iowa courts look to the facts of the situation. For example, the names on a deed are not necessarily dispositive, and courts will look for intent based on circumstantial evidence. After entering a common law marriage, the legal rights of the spouses in Iowa are the same as those of formally legally married spouses. For example, a common law spouse has a claim to property acquired during the marriage under the principles of marital property, and neither spouse can disqualify the other from medical decisions or inherit property if the other dies. Common law spouses must file their federal tax returns as either "Married Filing Jointly" or "Married Filing Separately", so they are no different than couples in a formal marriage.
How to Prove a Common Law Marriage in Iowa
The challenge, however, is not in recognizing that a common law marriage exists but in proving it. While the passage of time is an important factor to consider, simply holding yourselves out as a couple for a long period of time is insufficient. Co-habitation (i.e. you have a shared residence) is also important, but you don’t have to be legally married in order to live together. At the end of the day, there is no magic formula to determine whether an Iowa common law marriage existed. Courts will weigh each claim based on its own merits, and any combination of the factors below can make the difference: Evidence of shared financial responsibilities is helpful to proving an Iowa common law marriage. Such evidence can include but is not limited to: Also, if you have even one legal document such as a joint checking account, joint tax return or joint home lease, those documents can serve as circumstantial evidence of your intent to be married.
Ending a Common Law Marriage in Iowa
Iowa recognizes the dissolution of common law marriage but in a slightly different way than most people may expect. In Iowa, in addition to helping people get a divorce, probably the majority of family law attorneys also help people get their common law marriages recognized as having occurred. As far as I know, I am the only Iowa divorce attorney who has ever obtained a court order retroactively declaring a common law marriage to have existed. You can read that decision here. Stabilization and retroactive extension of rights to individuals who really formed an equitable relationship, or who have been living together proceeding through some financial hard times, is a good thing. Courts need to do it. Judges who refuse to do it create a very damaging public perception of our courts.
When a common law marriage comes to an end, the annulment of the common law marriage will be treated like a divorce from a ceremonial marriage. The common law spouse will have a right to divide all property acquired during the course of the common law marriage .
Most assets which are obtained during the existence of the common law marriage are treated as marital property subject to division in equitable proportions. The general rule is that all property acquired during the common law marriage is subject to equitable division. However, there is an exception to this rule involving property that was US retirement benefits. While all property acquired during the common law marriage period with the exception of retirement benefits will be equitably divided, US retirement benefits are treated similar to the debts of the parties in that a division of the benefits will only occur if there are excess funds after payment of any obligations. The general reason for this distinction is that US retirement benefits are essentially a property interest intended for the purpose of supporting the retiree during their later years. Therefore, the division of the benefit would allow the parties access to funds designated for the retirement benefit for the purpose of their lifetime incomes.
Common Law or Formal Marriage: Evaluating the Two
When considering Iowa’s common law marriage laws, it is important to understand the similarities and the differences between common law marriages and ceremonial marriages. Understanding these concepts will help you decide the best option for you and how marital benefits are accrued.
Common law marriages and ceremonial marriages are legally equal in the state of Iowa. For the purposes of this article we will refer to a ceremonial marriage as one that goes through a formal ceremony. While no formal writing is required for common law marriages, marital contracts are required for ceremonial marriages. However, both common law and ceremonial marriages provide for the same legal rights and benefits, including but not limited to those related to inheritance, custody, tax credits, insurance, and property distribution.
While similar rights and benefits exist for both common law marriages and ceremonial marriages recognized in Iowa, there are also some differences in legal aspects between a common law and a ceremonial marriage. Since common law marriages do not require any formal steps to enter into marriage, it is important to be clear on how a common law marriage begins. A common law marriage is established when a man and a woman agree to be married, hold themselves out to the public as being married, and do in fact the live together as husband and wife.
In a ceremonial marriage, the couple is required to obtain a marriage license before the marriage ceremony is conducted. In Iowa, the application must be signed by both spouses and filed with the county registrar. Once the couple is wed, they must obtain a marriage certificate, which is required to be filed with the county registrar for the records of the county. If the requisite fees are not paid, the marriage will not be recorded and therefore, would not be considered a legal marriage.
Another difference in legal requirements between common law marriages and ceremonial marriages is that common law marriages can only be ended by filing for legal separation or annulment. Non-consent to a common law marriage must be done within 90 days after the parties have stopped holding themselves out as being married. A ceremonial marriage can be ended by divorce, annulment, legal separation or other reasons. It’s important to understand the differences between a common law and formal marriage because only a formal marriage can result in a divorce.
Common Law Myths and Misconceptions
Until a few years ago, "common law marriage" was commonplace in Iowa. However, in 2010 that all changed when a new law, § 598.1A, was enacted which terminated common law marriage in Iowa. Iowa was one of a few states that recognized common law marriage and now that’s no longer the case. Since then, there has been much discussion regarding common law marriages.
The following are some common misconceptions about common law marriage in Iowa. People have asked if my partner and I live together can’t we just file for divorce like any other couple? The answer is no. Iowa law only applies to those people who are legally married. If you are not legally married, you have no legal basis to file for divorce in Iowa. People have asked me if we have had sex with each other can’t we just file for divorce like any other couple? No. Although Iowa law acknowledges cohabitation and its effects on child custody and property division too, sex isn’t required for divorce. People have asked me if my fiancée and I have filed tax returns together can’t we just file for divorce like any other couple? Again, the answer is no. Although Iowa law recognizes cohabitation and it may have an impact on property division, it is not a basis for divorce. People have asked me what do I have to show to prove that my partner and I were married if we never got a marriage license. The answer is it will likely be very difficult because Iowa law requires strict proof in order to establish a common law marriage. Simply saying you had a common law marriage does not make it true.
How to Safeguard Your Common Law Relationship
Steps to Protect Your Common Law Relationship in Iowa
While cohabitation without marriage is becoming more common across all states, under Iowa law it is important that a couple takes active steps to protect their relationship. This is because Iowa does not recognize common law marriages entered into after 1/1/2011. However, common law marriages can still be created under Iowa law, and those marriages are still considered valid. In fact, cohabiting individuals who do not want to enter into a common law marriage should choose a state that has a "statute" regarding common law marriage, such as Illinois, instead of Iowa. In a "statute" state, like Illinois, all cohabiting couples who meet certain requirements are considered married, regardless of whether or not they hold themselves out as married.
If you and your partner do not meet the requirements of being a common law couple, then there are steps you can take to protect your relationship. The most common step is entering into a cohabitation agreement with your partner. A cohabitation agreement sets forth how you and your partner intend to handle the issues that may arise for both of you , should you separate. These issues include division of property, such as bank accounts, real estate title, pensions, and personal property, any economic rights, such as alimony or child support, as well as other issues, such as debt and custody and support of any children born to this relationship, and distribution of assets upon death. Cohabitation agreements are very similar to prenuptial agreements, because both types of agreements allow the parties to contract around what the law would otherwise require. Cohabitation agreements do not provide for divorce; rather, they provide for the emotionally and financially devastating situation that may arise should a couple decide to separate. If the terms of a cohabitation agreement are not fulfilled, then the aggrieved party has grounds to sue the other for breach of the cohabitation agreement. Cohabitation agreements are legally enforceable in Iowa if the following conditions are met: In Iowa, cohabitating couples cannot request alimony or property division pursuant to Iowa divorce laws. However, they can enter into a legally binding cohabitation agreement to substitute what would otherwise be available under Iowa law.