What Is Common Law Marriage? Understanding the Rules in Iowa

There is something extremely romantic about walking down an aisle and promising to love your significant other for the rest of your lives. Weddings are often considered the best ways to make a lifelong commitment to someone you love.

People spend their entire lives dreaming up what their wedding day will be like.

Exchanging rings...

Promising forever...

A BIG party with all of your friends and family...

What if you don't necessarily want to get "married" but you kind of want to enjoy the same perks of marriage?

Then you might be interested in something called a "common law marriage."

What Is Common Law Marriage?

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You might have heard the term "common law marriage" thrown around every now and again.

When I first heard of this, I initially thought that that this referred to a couple that had lived together for long enough that they got to enjoy some of the perks of marriage. Whether that be financially or child custody.

Once you lived together for X amount of years, you could consider yourself partners in that way.

After doing a deep dive, I realized I wasn't too far off but there were a few more pieces of the puzzle that I was missing.

How Does Common Law Marriage Work?

An official common law marriage is a "legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony," according to the National Conference of State Legislatures.

There is typically a set amount of time that a couple needs to live together to fall under this umbrella.

Not all states permit common law marriages or have any sort of statute addressing them.

In the states where it is permitted, the partners need to sign a living together contract. Think of it as a sort of cohabitation agreement.

What Are the Benefits of Common Law Marriage?

If you are in a state that has common law marriage, there are some benefits to this arrangement, according to Investopedia.

• Inheritance of the partner's property in the case of death if a proper will is in place
• Spousal Social Security benefits
• Medical power of attorney
• Joint tax returns/tax benefits

Does Iowa Recognize Common Law Marriage?

There are only nine states in the U.S. in which Common Law Marriages are allowed.

• Colorado
• Kansas
• Montana
• New Hampshire
• South Carolina
• Texas
• Utah
• Iowa

What Are the Requirements for a Common Law Marriage in Iowa?

A couple needs to meet certain criteria in the state of Iowa for courts to consider it a "common law marriage," according to a report from the University of Iowa.

• Mutual Agreement – Both partners must agree or intend to be in this co-habitation or "marriage"
• Live Together – The couple must live together "continuously"
• Publicly Present as Married – They have to act like a married couple (e.g., using the same last name, referring to each other as spouses, filing joint taxes, etc.)

In addition, there is no time requirement for common-law marriages in Iowa. This partnership pact can be recognized after "any length of time."

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