Does Arizona recognize common law marriage

While several American states recognize common law marriages, Arizona generally does not. The state’s divorce processes do not apply to unmarried cohabiting couples who wish to end their relationships because Arizona does not consider them married. 

If you are living in a cohabiting relationship in Arizona and plan to go your separate ways, you may have questions about how to divide community property and what rights you have. You may feel particularly confused if you entered into a common law marriage in another state before moving to Arizona. Understanding how unmarried separations work in Arizona can help you know what steps to take.

What Is a Common Law Marriage?

Many people believe that if two people live together in a relationship for seven years, the law will automatically recognize them as legally married even if they have not had a wedding ceremony or filed any legal paperwork (marriage license, for example). While the timeline may not be so precise, many states extend legal marriage rights to cohabiting couples after a certain number of years. This recognition results in what is known as common law marriage.

The process of recognizing common law marriages varies from state to state. In some states, the process is effectively automatic. However, each common law spouse must be of sound mind and legally old enough to marry.

Will Arizona Recognize Common Law Marriages from Other States?

The United States Constitution requires each state to give “full faith and credit” to any court order from another state within the union. If a couple has achieved common law status in a state that allows it, Arizona will recognize them as legally married. Each partner will have the same legal rights as all married couples if one partner dies or if they decide to bring their relationship to an end.

Do Community Property Rights Apply to Unmarried Couples in Arizona?

Arizona is a community property state. However, the community property division only applies to assets acquired during a legal marriage. Because unmarried cohabitation does not create a marital estate in Arizona, community property principles do not apply when unmarried couples separate.

Instead, all property acquired by either party before or during the relationship is considered separate property belonging solely to the person who acquired it. There is no community estate to split upon separation. The courts have no authority to divide separate property between unmarried couples.

However, unmarried couples can enter into contractual agreements like a cohabitation agreement to specify property division. Without such contracts, the separate property belongs entirely to its owner when the couple splits.

Does Community Property Apply If the Couple Had a Common Law Marriage from Another State and Then Moved to Arizona?

If a couple has a valid common law marriage in one of the states that allow this marital status, Arizona courts will recognize their union as legally equivalent to other marriages. In that case, the laws of community property will apply.

Arizona’s community property law treats all assets and debts acquired during the marriage as jointly owned marital property, no matter whose name is on the title. This means any property acquired during the common law marriage is considered communal regardless of the current state the couple lives in.

Upon divorce, this community estate must be divided equitably between the spouses. Common law couples have the same property rights as couples who marry through ceremony or registration. Contact an attorney to understand your rights during property division.

Who Gets the House If an Unmarried Couple Splits Up?

When a married couple divorces in Arizona, all community property is divided fairly between the spouses. But when an unmarried couple separates, the division of property follows different rules.

If an unmarried couple purchased a home together, the court will examine the paperwork to determine how the couple took title to the property. If the deed names both partners as joint tenants with rights of survivorship, each person has an equal stake in the property. Upon a split, the court would likely order the home to be sold and the proceeds divided evenly.

If only one partner’s name appears on the mortgage and deed, that person is considered the home’s legal owner. The partner whose name is not on the paperwork would need to argue that they made financial contributions that gave them an equitable interest in the property. The non-owner would likely receive a lesser share of the home’s value after a split.

Other factors could sway the court’s decision on how to divide the home fairly. For example, they may consider who paid the down payment and whether one partner made improvements to the property. But overall, property for an unmarried, cohabiting couple is not divided by community property laws.

Contact an Arizona Family Law Attorney

Whether you have recently moved to Arizona from another state or have lived here with your partner since the beginning of your relationship, understanding the state’s divorce laws can be challenging. Working with an experienced Arizona family law attorney can help you avoid common pitfalls that could be detrimental to your financial future.

The compassionate family law attorneys at Mushkatel, Robbins & Becker, PLLC have 50 years of combined legal experience. We are thoroughly familiar with all aspects of family law in Arizona. Our team is ready to help you through whatever challenges you are facing as your relationship comes to an end. Contact our law firm offices today for a free, confidential consultation to learn more about how we can help you.

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About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…