Is common law marriage recognized in Ohio?

02/01/2007 - Marriage - State: OH #891

Full Question:

Is common law marriage recognized in Ohio? Under what circumstances?

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.



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02/01/2007 - Category: Marriage - State: OH #891

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