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New Hampshire Common Law Marriage

What is Common-law Marriage in New Hampshire?

Common-law marriage is a legally recognized union between two people who live together and describe themselves as married even though they did not purchase a marriage license or have a marriage ceremony in New Hampshire. Multiple U.S states recognize this union, including Oklahoma, Colorado, Rhode Island, Kansas, and Montana. Individuals in a common-law marriage may enjoy all the benefits and responsibilities of traditional marriage, some of which include:

  • Jail or prison visitation rights
  • Access to a partner’s vital records
  • The rights to spousal support in the event of a divorce
  • Property division in the event of a separation
  • Hospital visitation rights
  • Tax exemptions and deductions

However, there are some downsides to common-law marriages. For instance, the lack of legal paperwork can make it difficult for one party to prove the union existed in the event of a separation or divorce.

Marriage in New Hampshire

In 2018, New Hampshire had a marriage rate of 6.9 marriages per 1,000 residents Compared to figures recorded for 2010, with 9.5 marriages per 1,000 residents. In contrast, the divorce rate stood at 3.1 divorces per 1,000 residents, marking a decline from 4.7 divorces recorded in 1990.

Does New Hampshire Recognize Common-law Marriage?

The State of New Hampshire partially recognizes common-law marriage. Although it does not permit couples to create a common-law marriage, it allows couples who live together to benefit from marriage laws in the event of a death. New Hampshire's "inheritance" laws enable a partner to claim a fair share of a deceased partner’s asset if the relationship meets the qualification of common-law marriage.

What Are the Requirements for a Common-law Marriage in New Hampshire?

New Hampshire laws permit cohabiting parties to claim common-law marriage benefits in the event of a spouse’s death, as long as the couple meets the following legal requirements:

  • Friends and the community regarded the couple as married
  • The couple held themselves out as married
  • The couple lived together for at least 36 months before the death

The court only grants this right to couples upon the demise of one party. New Hampshire does not recognize common-law marriage unions of couples who cohabit for up to three years while acknowledging each other as husband and wife - until the passing of one member. In addition, the state of New Hampshire recognizes common-law marriages contracted in other states where this type of union is legal.

How many years do you have to Live Together for Common-law Marriage in New Hampshire?

To meet the requirements for a common-law marriage, couples must have lived together for a period of no less than three years in New Hampshire. An extended period of cohabitation is not the only requirement for a common-law marriage. Couples must also describe themselves (and be viewed by friends, family, and the community) as “husband” and “wife.”

What is an Informal Marriage in New Hampshire?

An informal marriage is a term used to describe common-law marriages contracted in the state of Texas. New Hampshire recognizes such unions as valid. Texas laws permit married couples to unite using either a formal or an informal process. To qualify as being in an informal (common-law) marriage, the couple must meet all the state requirements. Couples must show that:

  • They were not already married to anyone else during the period of the wedding.
  • They both consented to be married
  • They both were of legal age to get married (at least 18)
  • They are not related to each other by adoption, blood, or descendant
  • They live together as a married couple, referring to each other as husband and wife
  • They held out to others as a married couple

Couples who meet these requirements can enter into an informal marriage by completing a signed Declaration of Informal Marriage form. It must include the first, middle, and current names of both spouses as well as the residential address. After filing the record, both parties are considered to be legally married in all U.S states, including New Hampshire.

How Do You Prove Common-law Marriage in New Hampshire?

To prove the existence of a common-law marriage, a spouse must provide evidence that the couple lived together for three years and held themselves out to be married to friends, neighbors, and the community. Generally, the quickest way of achieving this is to present the court with an affidavit of marriage that was signed at the onset of the union along with signed statements from witnesses. In instances where this is not possible, couples may be able to prove the existence of a union using supporting documents such as:

  • Joint tax returns
  • Joint rental agreements or common leases
  • Joint records of bank accounts
  • Shared ownership of residential property
  • Records showing that one spouse adopted the surname of the other
  • Bills showing that the couple shared payment of utilities such as telephone, electricity, and gas
  • Insurance policies and driver’s licenses showing that couples shared the same address on

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

Do Common-law Marriages Require a Divorce?

A divorce is required to dissolve a common-law marriage in New Hampshire. It’s processed using the same steps as a traditional divorce. To file for a divorce, the couple must meet the state’s residency requirements. Namely - they must have been residents in New Hampshire for at least 12 months. Married couples who wish to file for a divorce can do so by submitting a petition for divorce to the New Hampshire Circuit Court’s family division. Petitioners will also need to provide grounds (a legal reason) for the divorce. Common-law marriage can be dissolved using either an uncontested divorce process (where both spouses agree to the divorce with no blame) or a fault divorce (where one party accuses the other of wrongdoing).

Note: Divorces are only possible for couples who entered into a common-law marriage in supporting states - outside of New Hampshire. Although the state of New Hampshire recognizes the validity of common-law marriages created in other states, it does not permit the creation of active common-law marriages within the state’s borders.

Does A Common-Law Wife Have Rights in New Hampshire?

Depending on where the union occurred, a common-law wife may have rights in New Hampshire. New Hampshire laws recognize the validity of common-law marriages contracted in states that support this type of union. Couples who move to New Hampshire after entering into a common-law partnership in another state get to enjoy all the rights and responsibilities of a traditional wife. This includes tax deductions and property division in the event of a separation. However, these rights are only restricted to marriages and civil unions created outside the state. New Hampshire statutes do not recognize common-law unions created within the state, except in cases of inheritance.

Can a common-law Wife Collect Social Security in New Hampshire?

Generally, couples may collect social security if their common-law marriage is recognized by the state. A wife may collect social security in North Hampshire if her marriage began in a state that recognizes this union. Widowed partners may also apply for social security if the courts conclude that the partner’s union qualifies as a valid common-law marriage. However, for this to occur, the spouse must meet the requirements of the law, which provides that common-law couples must “have acknowledged each other as husband and wife” and lived together for 3 years until the passing of one party.” Partners who can pass this hurdle can proceed by submitting a completed statement of marital relationship form, listing their full name, social security number, and details of the marital relationship (where and when it began).

Are common-law Wives Entitled To Half In New Hampshire?

Although New Hampshire laws only recognize common-law marriages for the purpose of inheritance, it makes an exception for couples who married in another state. Couples with common-law marriages that originated in states where this type of union is legal may be able to gain the rights of a partner during a separation. This includes the division of assets and liabilities, visitation rights, and custody decisions. During the court motion, the common-law wife may be asked to provide evidence that she and her partner are joined in a valid common-law marriage - as specified by the laws of the origin state. This can be done using an affidavit of marriage, a marriage declaration form, or any document that supports the claim.

How Do You Get A Common-Law Marriage Affidavit in New Hampshire?

New Hampshire statutes forbid the creation of common-law marriages within the state (except for cases involving inheritance), making it almost impossible for couples to obtain a common-law marriage affidavit. However, couples can get a marriage affidavit by visiting a state that recognizes common-law marriages. Applicants will need to ensure that they meet the marriage requirements of the state.

What does it mean to be legally free to marry in New Hampshire?

A person who is legally free to marry in New Hampshire has met the state’s requirement for marriage. New Hampshire laws prevent the marriage of any male or female below 18 years. Married parties are required to file their intentions in person (except in cases where the applicants are a member of the armed forces). Parties who wish to be married must provide several documents attesting to their desire and eligibility, including:

  • Proof of age
  • A certified copy of a divorce or marriage dissolution (if the applicant was previously married)
  • A certified copy of an annulment decree (if the previous marriage was annulled)
  • A certified copy of a death certificate (if one party is widowed)

When Did common-law Marriage End in New Hampshire?

New Hampshire partially recognizes common-law marriages for surviving partners. When a couple lives together for more than three years, while referring to themselves as husband and wife, and holding themselves out to the public as married, the court recognizes the union as a valid common-law marriage - but only after the death of one party.

Does the Federal Government Recognize New Hampshire common-law Marriages?

The Federal Government recognizes common-law marriage in states where this type of union is legal. In 2022, these included New Hampshire and Colorado, Kansas, Iowa, Montana, South Carolina, Texas, Utah, and Rhode Island. The states of Alabama, Georgia, Idaho, Pennsylvania, Oklahoma, and Ohio have conditional recognitions. Common-law unions are viewed as valid as long as the married couple entered the partnership before a specific date. Common-law marriages from these states can be used for federal income tax purposes and immigration purposes such as securing permanent residency.