What is common law in Minnesota? Minnesota does not have common law marriage, as the state abolished the process in 1941. This legal recognition of marriage, which is awarded to couples that share finances and have lived together for a significant amount of time, is available in certain states outside of Minnesota. If a common law marriage occurred outside of Minnesota, the state recognizes it as valid, making relocation easier for these types of couples.

In other words, if you have legally established a common-law marriage elsewhere, and have moved to Minnesota, then your marital relationship is recognized under Minnesota law. Courts will give “full faith and credit” to the marital relationship.

If you live in the State of Minnesota, and are cohabitating with a domestic partner, it is highly recommended that you sign a cohabitation agreement.  As cohabitants, you are better protected if you do so.

Such agreements address the division of property in the event that your relationship fails. Otherwise, the Court will typically allocate property in direct proportion to the litigants’ financial contribution.

If you have a question concerning common law in Minnesota / cohabitation agreements, or wonder whether your common law marriage is legally recognizable under Minnesota law, we’re here to help.

Call (763) 783-5146 to speak with one of our experienced family law attorneys.