Full question:
Is common law marriage recognized in Ohio? Under what circumstances?
- Category: Marriage
- Date:
- State: Ohio
Answer:
A Common Law marriage entered into in Ohio before October 10, l991,
constitutes a valid, legal marriage in Ohio. After October 10, l991, new
Common Law marriages are prohibited in Ohio.
The six essential elements of a Common Law marriage in Ohio are:
1. a mutual agreement of marriage "in praesenti" (presently);
2. made by persons competent to marry;
3. followed by cohabitation (including a sexual consummation of the
marriage);
4. a holding out to the public that the parties are actually husband and wife;
5. a reputation in the community that the parties are husband and wife; and
6. that the Common Law marriage was entered into before October 10,
l991.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
