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Many couples in Indiana live together for years without getting married. They may purchase a home, combine their finances, raise children, and build a life together. Some believe that after living together for a certain number of years, they become legally married under common law. Unfortunately, incorrect assumptions can lead to serious legal and financial problems, particularly when the relationship ends or one partner becomes ill or passes away.
Indiana does not recognize common law marriages established within the state after January 1, 1958. Regardless of how long a couple has lived together, sharing a home or presenting themselves as married does not automatically give them the legal rights and protections of a married couple.
However, that does not mean unmarried partners have no legal rights. Depending on their circumstances, they may have enforceable interests in jointly owned property, financial accounts, or other assets acquired during their relationship.
At Mattox & Wilson, our Indiana family law attorneys help clients understand their rights under Indiana marriage laws and address disputes involving divorce, property division, and other family law matters. Below, we explain what Indiana common law marriage means, how the law affects unmarried couples and their future planning, and what legal options may be available when a relationship ends.
Common law marriage is a legally recognized marriage established without obtaining a traditional marriage license or participating in a formal wedding ceremony.
In states that permit common law marriage, couples generally must meet specific legal requirements. Depending on the state’s laws, these may include:
Contrary to popular belief, living together for seven years, ten years, or any other specified period does not automatically create a common law marriage. Even in states where common law marriage is recognized, the couple generally must demonstrate more than a long-term romantic relationship or shared residence.
Once a valid common law marriage has been established, it generally carries the same legal rights and responsibilities as a marriage performed through a traditional ceremony. This distinction becomes particularly important when dealing with divorce, inheritance, property ownership, and spousal benefits.
No. Indiana does not allow couples to establish new common law marriages within the state.
Under Indiana Code § 31-11-8-5, a common law marriage entered into after January 1, 1958, is void.
That means two individuals who begin living together in Indiana cannot become legally married simply because they:
For example, consider a couple who have lived together in New Albany for 20 years. They own a home, have raised two children, and share expenses. Although they may consider themselves married, Indiana law does not automatically recognize their relationship as a legal marriage.
If they separate, neither partner can file for divorce based on the length of their relationship. Instead, disputes over property, financial contributions, and other obligations generally must be addressed through other areas of the law.
There is an important exception involving marriages legally established outside Indiana. Indiana generally recognizes marriages that were validly established under the laws of another state, including qualifying common law marriages.
For example, suppose a couple established a legally valid common law marriage while living in a state that permits such marriages. If they later move to Indiana, their marriage may continue to be legally recognized. However, the couple must be able to establish that their marriage satisfied the requirements of the state where it was originally created.
Simply living together in another state does not necessarily establish a valid common law marriage. This distinction can be especially important when a couple separates after moving to Indiana or when a surviving partner seeks inheritance or other spousal benefits.
If there is disagreement about whether a valid marriage exists, an Indiana family law attorney can review the circumstances and help determine which state’s laws apply.
Under Indiana marriage laws, couples generally must obtain a marriage license and have their marriage solemnized by someone legally authorized to perform marriages.
Indiana Code § 31-11-4-3 requires Indiana residents seeking to marry to obtain a marriage license from the clerk of the circuit court in the county where either individual resides.
If neither person is an Indiana resident, the license must be obtained from the county where the marriage ceremony will take place. Both applicants must apply in person at the county clerk’s office, generally must be at least eighteen years old, and both must present valid identification, such as a valid driver’s license. There is no mandatory waiting period, and the license expires sixty days after issuance. For residents, the filing fee is $25.
When couples satisfy the applicable legal requirements, their marriage creates important rights and responsibilities relating to:
Unmarried couples do not automatically receive these same protections simply because they have lived together or maintained a financially interdependent relationship.
One of the most significant differences between marriage and cohabitation involves property division. When legally married spouses divorce in Indiana, the court generally must identify and divide their marital property under the state’s divorce laws.
Under Indiana Code § 31-15-7-5, courts begin with the presumption that an equal division of marital property is just and reasonable. However, that presumption can be overcome by evidence showing that a different division would be appropriate.
For unmarried couples, the rules are different. Indiana’s divorce property division laws do not apply to couples who were never legally married. As a result, an unmarried person does not automatically become entitled to half of their partner’s property simply because they shared a home or contributed to household expenses for many years.
Instead, ownership rights may depend on factors such as:
These questions can become particularly complicated when one partner has significantly more income or when one individual owns major assets in their name alone.
If an unmarried couple purchases a home together, their respective ownership interests generally depend on how the property is titled and any enforceable agreements governing ownership.
For example, if both partners are listed as owners on the deed, each may have legally enforceable rights in the property. However, joint ownership does not necessarily mean the home must be divided in the same manner as a marital residence during divorce.
If the partners cannot agree on whether to sell the property, refinance the mortgage, or transfer one person’s interest to the other, legal action may be necessary. Depending on the circumstances, a partition action or another civil claim may provide a way to resolve the dispute. An attorney experienced in property and asset division can review the deed, mortgage documents, financial contributions, and other evidence to determine the available options.
This situation can be more difficult if a house is titled in only one individual’s name. Suppose an unmarried couple lives together for 15 years in a house owned solely by one partner. During that time, the other partner contributes money toward mortgage payments, renovations, and major improvements.
When the relationship ends, the contributing partner may believe they are entitled to a portion of the home’s value. However, making payments toward a property does not automatically establish an ownership interest.
The contributing partner may have a claim depending on the nature of the payments, any agreements between the parties, and whether the circumstances support an equitable remedy. This is why documenting contributions and clarifying ownership expectations can be especially important for unmarried couples.
Although Indiana common law marriage is not recognized for relationships established within the state after 1958, Indiana courts have recognized that unmarried partners may have certain enforceable financial claims.
A significant case addressing this issue is Glasgo v. Glasgo 410 N.E.2d 1325(Ind. Ct. App. 1980). In this case, the Indiana Court of Appeals recognized that individuals who lived together without marrying could potentially pursue relief based on an express contract or a viable equitable legal theory, including an implied contract or unjust enrichment.
The important distinction is that these claims do not arise automatically from the relationship itself. A person seeking compensation must establish the legal basis for the claim and present sufficient supporting evidence.
Unjust enrichment generally involves circumstances in which one person receives and retains a benefit at another person’s expense under conditions that make retaining that benefit without compensation unjust.
For example, one partner might invest substantial money into improving a property owned entirely by the other partner. If the relationship ends and the property owner retains the benefit of those improvements, the contributing partner may be able to pursue a claim under an appropriate equitable legal theory.
However, not every financial contribution creates a right to reimbursement. Ordinary household expenses, shared living costs, gifts, and payments made under other circumstances may be treated differently. Courts examine the specific facts, the nature of the benefit provided, the parties’ expectations, and whether a legally recognized basis for recovery exists.
Yes. Unmarried couples can use written agreements to clarify their respective rights and responsibilities.
Sometimes called cohabitation agreements, these documents may address:
A properly prepared agreement can reduce uncertainty and potentially prevent expensive legal disputes. It can help with property and financial arrangements for unmarried couples who do not have the same legal protections as spouses, but it cannot replace wills or health care directives.
However, agreements must comply with applicable Indiana contract law, and not every provision will necessarily be enforceable. Couples who own substantial property together or are making significant financial commitments should consider discussing their arrangements with an experienced contract attorney before a dispute arises.
No. While unmarried couples may share many of the same personal and financial responsibilities as married couples, the legal protections available to them can be substantially different.
Understanding those differences can help couples make informed decisions about their relationships, property, and long-term financial security.
Married couples who divorce generally have access to Indiana’s statutory marital property division process. Unmarried couples must usually rely on ownership documents, contracts, and other applicable legal claims to resolve property disputes. Whether married or unmarried, a property division lawyer can help you understand your property rights.
Indiana law permits spousal maintenance in certain limited circumstances during or following divorce. An unmarried partner generally cannot obtain court-ordered spousal maintenance simply because a long-term relationship has ended. This can leave a partner who has left the work force for a period of time to care for the home or children at a financial disadvantage with no recourse.
There may be separate contractual obligations between the parties, but these do not arise automatically from cohabitation.
Marriage also creates important inheritance rights. Under Indiana Code § 29-1-2-1, surviving spouses will be entitled to a statutory share of a deceased spouse’s estate. An unmarried partner does not inherit through Indiana’s intestate succession laws simply because the couple lived together for many years. If an unmarried individual dies without a will, their long-term partner may receive nothing from the probate estate under the ordinary rules of intestate succession, even after decades together.
However, assets held jointly with survivorship rights, property governed by transfer-on-death arrangements, and accounts with valid beneficiary designations may pass outside the probate estate. For this reason, estate planning is particularly important for unmarried couples who want to provide financial security for one another.
Unmarried partners should also consider who has authority to make important decisions if one partner becomes incapacitated. Living together does not automatically give one partner the same decision-making authority as a legally recognized spouse.
Documents such as powers of attorney and appropriate health care directives can help establish who may act on a person’s behalf when necessary. Without proper planning, a long-term partner may encounter difficulties handling financial matters or participating in medical decisions.
Indiana common law marriage rules do not prevent unmarried parents from having legal rights and responsibilities concerning their children. The important distinction is that parentage, child custody, parenting time, and child support are governed by laws that apply independently of whether the parents are married.
For unmarried parents, establishing legal paternity can be an essential step. In Indiana, paternity may be established through a properly executed paternity affidavit or a court proceeding, depending on the circumstances.
Once parentage is legally established, issues involving custody, parenting time, and child support can be addressed under Indiana law. These matters may include:
The court’s focus in determining custody is the child’s best interests, not whether the parents were ever married. Unmarried parents should not assume that informal parenting arrangements provide all the protections of a court order. When parents disagree about custody, financial support, or parenting responsibilities, an Indiana family law attorney can help explain the available legal options.
Couples who decide not to marry can still take meaningful steps to protect themselves and minimize disputes.
Several planning measures may be especially beneficial.
Before purchasing a home, vehicle, or other valuable property, consider how the asset will be titled and whether both partners will have ownership rights.
Keep records of major payments, renovations, loans, and other investments. These documents can be important if a disagreement arises later.
A written agreement can establish expectations concerning property, debts, and certain financial arrangements during the relationship and after a separation.
Life insurance policies, retirement accounts, and other assets may allow owners to identify beneficiaries directly. Keeping these designations current is particularly important when partners are not legally married.
A will, trust, powers of attorney, healthcare directive, and other planning tools can help protect a partner’s interests and clarify the right to make important medical and financial decisions.
Property disputes often become more difficult when a relationship has already ended and communication between the parties has broken down. Addressing ownership questions early may reduce the risk of unnecessary litigation.
There is no number of years that creates a new common law marriage in Indiana. A couple can live together for five, ten, twenty, or even fifty years without becoming legally married. Indiana does not recognize new common law marriages established within the state after January 1, 1958. However, common law marriages legally established in other states may be recognized as legal marriages.
No. The idea that living together for seven years automatically makes a couple legally married is a common misconception. Indiana marriage laws do not contain such a rule. Living together, regardless of the length of time, does not create a legal marriage in Indiana.
Not automatically. Indiana’s statutory divorce property division rules generally apply to legally married spouses, not unmarried partners. However, an unmarried person may have rights based on joint ownership, enforceable agreements, or certain contractual or equitable claims. The outcome depends on the facts and available evidence.
Generally, no. A divorce legally dissolves an existing marriage. If a couple was never legally married, there is no marriage to dissolve. However, legal proceedings may still be necessary to resolve property ownership disputes, debts, child custody, or support issues.
Yes, an unmarried partner can receive property through appropriate estate planning arrangements, beneficiary designations, or certain forms of jointly held ownership. However, an unmarried partner generally does not have the automatic inheritance rights of a surviving spouse under Indiana’s intestate succession laws.
Yes. Parents can have legally enforceable custody, parenting time, and child support rights and responsibilities regardless of whether they were married. Establishing legal parentage and obtaining appropriate court orders can be important steps in protecting those rights.
Living together for years can create significant personal and financial commitments, but those commitments do not automatically establish the rights that come with a legal marriage in Indiana. Understanding your rights before purchasing property, combining finances, or ending a long-term relationship can help you avoid costly mistakes.
At Mattox & Wilson, we represent clients throughout Southern Indiana in a wide range of family law matters, including marriage-related legal questions, divorce, property division disputes, child custody, and child support.
Whether you are concerned about property accumulated during a long-term relationship, facing a disagreement over jointly owned assets, planning for your future to ensure your unmarried partner is able to inherit assets and make important decisions, or seeking advice about your legal rights under Indiana marriage laws, our attorneys can review your circumstances and explain your options.
Contact Mattox & Wilson today at 812-944-8005 or schedule a consultation online to discuss your family law concerns. Our New Albany attorneys serve clients throughout Floyd, Clark, Harrison, and surrounding Southern Indiana counties.