Timothy F. Rayne, Esquire

Before September 17, 2003, Pennsylvania was one of a few states in the country that recognized "common-law" marriages as valid legal unions. However, major changes have occurred concerning the legality of common-law marriage in Pennsylvania. Examining how the court now regards common-law marriage will help you and your significant other understand and protect your rights.

Common-Law Marriages: Myths and Realities
Contrary to popular belief, if you lived with someone for more that seven years, you did not automatically become common-law husband and wife. Instead, a common-law marriage, like a ceremonial marriage involving a marriage license, could be created much quicker. In Pennsylvania, a common-law marriage was created by a mere exchange of words between the parties expressing an agreement that they were then "married." Once the agreement was expressed, the common-law marriage was immediately effective.

Common-Law Marriages Today
Two things have happened to invalidate common-law marriages in Pennsylvania. First, on September 17, 2003, the Pennsylvania Commonwealth Court (one of the intermediate appellate courts), adjudicated the case of PNC Bank Corporation v. Workers' Compensation Appeal Board (Stamos) , and decided to abolish common-law marriage and only recognize ceremonial marriages involving a marriage license as valid. Nevertheless, the ruling left the issue unsettled, because neither the Pennsylvania Supreme Court (the highest appellate court) nor the Pennsylvania Legislature had made such a pronouncement.

However, on November 23, 2004, Governor Rendell signed into law Act 144, which reads as follows:

• No common-law marriage, contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage, otherwise lawful and contracted on or before January 1, 2005, invalid.
• Accordingly, as of January 1, 2005 at the latest, a marriage cannot be created through Common Law.

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