Do you have questions about common-law marriage in Indiana?
You are not alone. Many people mistakenly assume that living with their partner for many years creates a “marriage-like” legal status. However, the vast majority of states don’t recognize common-law marriage at all. The laws governing such marriages also vary greatly among those that do, with several only granting limited recognition to these unions.
If you’re wondering how long you and your partner have to be together for common-law marriage in Indiana, understanding how state law approaches cohabitation is critical to protecting your property, your legal rights and your financial future.
What Is Common-Law Marriage?
Common-law marriage refers to a legally recognized union between two people who live together as a couple and present themselves publicly as spouses, but without obtaining a marriage license or going through a formal ceremony.
In states where they are permitted, common-law marriages are not automatically recognized. In fact, all require couples to meet specific requirements, such as:
- Living together for a certain period, usually several years
- Intending to be married and mutually agreeing on this status
- Presenting themselves as spouses to their community, such as using the same last name, referring to each other as husband and wife, or filing joint tax returns
- Having the legal capacity to marry
Common-law spouses are treated as married in the eyes of the law. That means they have the same legal rights and responsibilities as any other married couple:
- Access to spousal health care and insurance benefits
- Automatic inheritance rights
- Decision-making authority in health care emergencies
- Division of assets in the event of separation or death
Does Indiana Recognize Common-Law Marriage?
In Indiana, common-law marriage is not legally recognized. The state abolished the option to establish such a union in 1958. This means that even if you’ve lived with your partner for decades and present yourselves as married, Indiana law will not grant you the legal rights or privileges of a formally married couple.
Because Indiana is not a common-law state, there’s no divorce process for couples who have lived together long-term. In the event of a breakup, each partner keeps their own property unless there’s a written agreement or clear evidence of joint ownership. If a partner dies, there is also no automatic right to inheritance, as is the case for a legally recognized spouse.
Indiana does recognize common-law marriages created in other states. This recognition is based on the U.S. Constitution’s Full Faith and Credit Clause, which requires states to honor the legal acts of others. For example, if a couple lived in Texas or Colorado (states that recognize common-law marriage) and met all the necessary requirements, their marriage would be valid in Indiana if they later moved there.
Cohabitation in Indiana: What the Law Says
Unmarried couples in Indiana who share a home do not receive the same legal protections as married spouses. This can create complications around property rights, finances and other shared responsibilities.
Although Indiana does not recognize common-law marriage, cohabiting partners can create a legally binding cohabitation agreement. This contract can clarify ownership of assets, financial duties and other important terms in the event of a breakup. A typical cohabitation agreement in Indiana might cover:
- Division of real estate, vehicles and other property
- Bank accounts and shared expenses
- How to handle joint debts
- The ownership status of pets
- Buyout provisions if one partner wants to keep shared property
- A process for resolving disputes (e.g., mediation or arbitration)
While a cohabitation agreement can address many practical matters that live-in couples will encounter if their relationship ends, it cannot replace a will, health care directive or power of attorney — those must be created separately, ideally with assistance from an Indiana family law attorney. Like those documents, a cohabitation agreement should also be revisited and updated if circumstances change, such as buying a house, having children or changing financial circumstances.
Debunking the Myth of the 10-Year Marriage Law
Many people mistakenly believe that if you live with your partner for 10 years or more, you’re automatically considered married. However, as Indiana doesn’t recognize common-law marriage, there is no state law that grants marital status based on the length of cohabitation, regardless of how long you’ve been together.
This misconception likely arises from several sources:
- Common-law marriage is still recognized in a handful of U.S. states. However, recognition is not based on time alone in any of those states.
- Social Security and military benefits sometimes provide spousal entitlements after 10 years of legal marriage, but again, that only applies to people who were legally married, rather than cohabiting.
- People may assume that sharing bills, homes, or even raising children together gives them legal protections over time—but in Indiana, it does not.
Do You Have Any Legal Rights if You Cohabit in Indiana?
In Indiana, unmarried couples who live together—also known as cohabitants—do not have the same legal rights as married spouses. That means there are no automatic rights just because you live together, even for many years, including:
- No right to property division: If you break up, Indiana cohabitation law does not provide a process for dividing property the way it does in a divorce. Each person keeps what’s in their own name, even if the other contributed financially.
- No spousal support: Indiana doesn’t recognize common-law marriage, so there’s no alimony or spousal support for cohabitants, no matter how long you’ve lived together.
- No inheritance rights: If your partner dies without a will, you don’t inherit anything—unless you’re a legal beneficiary or co-owner of the property.
- No legal presumption of paternity: If you’re unmarried and have a child, the father must establish paternity before he has parental rights or responsibilities.
- No medical or legal decision-making power: Unmarried partners don’t automatically have the right to make medical or financial decisions for each other unless they’ve signed a power of attorney or advance directive.
What Happens if You Separate After Cohabiting?
It’s often emotionally devastating when a long-term live-in partnership ends. In Indiana, without a legally sound cohabitation agreement, it may be legally and financially challenging as well.
Property Division
In most cases, each person simply keeps what is in their own name; there’s no formal legal process to divide property. If one partner bought the home, car or other major assets and the other partner’s name isn’t on the title or deed, the person whose name is on the paperwork will typically retain full ownership.
Division of Debts
Similarly, debts are generally treated as belonging to the person who signed for them. If both names are on a loan or lease, both people remain liable. But if only one partner signed, the other may not have to pay, regardless of who actually used the credit.
Support Payments
The Indiana cohabitation law does not confer any rights to alimony or spousal support. Even if one partner stayed home, paid the other’s bills or made career sacrifices, there is no financial compensation after a breakup.
Child Support and Custody
The rules change when children are involved. While the end of a cohabitating relationship isn’t a legal divorce, unmarried parents still need to resolve child custody, visitation and child support. Mothers automatically have legal custody at birth, but fathers must establish paternity through a voluntary affidavit or court process before they can seek custody or parenting time.
Why Legal Advice Matters for Unmarried Couples
Navigating cohabitation laws in Indiana can be tricky.
Because Indiana does not recognize common-law marriage, understanding the legal distinction between cohabitation and a valid marriage is critical as it has significant implications for each partner’s legal rights and responsibilities, especially when a relationship ends or one partner passes away.
So how can you protect your rights while cohabiting in Indiana?
If you’re in a long-term partnership absent a legal marriage, it’s wise to consult an Indiana family law attorney. They can offer expert guidance and assistance in drafting the essential legal documents — cohabitation agreement, will, power of attorney and health care directive — needed to safeguard your rights and ensure a secure future.
Connect with Trusted Family Law Attorneys in Indiana
Because Indiana doesn’t recognize common-law marriage — except for those formed in the handful of states where such marriages are legally valid — it’s critical to understand your rights when cohabitating in Indiana and the implications for your future.
Do you have questions about cohabitation or property rights in Indiana? Speak with an experienced family law attorney today. Visit Best Lawyers: Indiana Family Law to find attorneys recognized among their peers for excellence in family legal matters.
