Cohabitation And Common Law Marriage Laws In Mississippi

Common Law Marriage in MS

Common law marriage isn’t legal in Mississippi, which means that no number of years living with your partner constitutes a common law marriage. Mississippi did recognize common law marriage until 1956, but today, common law marriage isn’t recognized in Mississippi. 

Since there is no common law marriage in Mississippi, a valid marriage license is required for a marriage to be recognized by the state.

Cohabitation Law and Marriage in Mississippi

Technically cohabitation is illegal in Mississippi and can result in criminal charges. However, criminal charges are not usually enforced because of how common cohabitation is. If you were to be charged related to illegal cohabitation, it would be a misdemeanor charge that would have to be proved beyond a reasonable doubt.

The laws against cohabitation can also have an impact on civil affairs. Because cohabitation is not legal and common law marriage isn’t recognized, no equitable distribution of property or assets can be enforced if the relationship ends because there’s no marital property to distribute.

You could create an affidavit of the relationship, a written agreement that outlines the specifics of cohabitation and your relationship and what happens if the relationship ends, like what to do with any joint property. However, an affidavit of a relationship in Mississippi may be invalid and might not be considered by any court because of the anti-cohabitation laws.

Alimony, Cohabitation, and Child Custody in Mississippi

Any material change in circumstances, like getting remarried, can be grounds to end alimony to a divorced spouse. Moving in with a partner could also be enough to stop your ex-spouse from having to make alimony payments. 

Living with a partner can also cause issues with existing child custody agreements involving children from previous relationships. Sharing a home with a partner could impact your ability to see your children or have them spend the night with you. 

If you have children with a partner that isn’t your spouse, deciding child custody could also be difficult if your relationship were to end, especially for the father. Without being married, men have to prove the paternity of their children before they have custody rights. 

Death can also be complicated if you are living with a partner that isn’t your legal spouse. If your partner died without a valid will, it could be difficult or impossible to prove that you are intended to inherit anything they left.

Having Problems With Cohabitation in Mississippi?

Because cohabitation is illegal and common law marriage isn’t recognized in Mississippi, there can be legal difficulties related to living with your partner, especially if you’re going through a divorce, planning on getting divorced, or dealing with custody issues. It’s important to make sure that you’re as protected as possible and that you won’t unexpectedly lose alimony payments, your ability to see your children, or any shared possessions. 

Contact Campbell Law Firm to learn more about how we may be able to help protect your rights to alimony and spending time with your children.