Laws do not always begin in a courtroom or statehouse. Some take shape through real cases, not written bills. Judges build these rules over time through decisions. This system is called common law. It steps in when no clear statute applies.
Michigan follows both written law and common law. One comes from lawmakers. The other comes from past court rulings. Together, they form the legal system people rely on every day. Common law still plays a key role in areas like family matters, contracts, and property rights. If you live with a partner, manage assets, or face a dispute, it may affect your life. This guide explains how common law works in Michigan and why it still matters.
What Is Common Law?
Common law is based on court decisions. Judges create it through real cases. It does not come from lawmakers or written codes.
When a law is missing, judges look at past rulings. These older decisions guide the outcome. Over time, this builds a system of rules used in future cases.
Michigan allows common law unless a new law replaces it. The state constitution protects this balance. Courts follow written laws first. If there is no clear rule, they apply common law.
This system helps judges handle new or unclear issues. It fills legal gaps and keeps the system fair. Many legal rights and duties still come from common law. In Michigan, it continues to shape how courts rule today.
Is Common Law Marriage Allowed in Michigan?
Michigan does not allow new common law marriages. The state banned them in 1957. You must get a marriage license and have a legal ceremony to be married under Michigan law.
But there is one exception. If you had a valid common law marriage in another state that allows it, Michigan will honor it. The couple must prove they met that state’s rules. This may include living together, acting like a married couple, and showing clear intent to be married.
If you live in Michigan now but started a common law marriage in Colorado or Texas, you may still have legal rights. Always check with a lawyer to be sure your case qualifies.
What Happens If You Live Together Without Marriage?
Living with a partner in Michigan does not give you legal marriage rights. Many people think long-term cohabitation creates a legal bond. This is not true in Michigan.
If the relationship ends, each person only keeps what belongs to them. Joint purchases and shared property can cause problems. Inheritance, health care, and financial decisions may be harder without legal paperwork.
To avoid these issues, couples can create documents that protect their rights.
Common Legal Tools:
- Cohabitation Agreement: A written contract that outlines who owns what and how to divide property.
- Power of Attorney: Gives your partner the right to make legal or medical decisions if you cannot.
- Health Care Directive: Lets your partner act as your health care agent.
- Will or Trust: Names your partner as a beneficiary or decision-maker after death.
These legal steps give unmarried couples more control. Without them, the law may not recognize your partner at all.
Does Michigan Still Use Common Law in Other Areas?
Yes. Common law shapes many areas of Michigan’s legal system. It helps define how courts handle torts, contracts, and civil claims. For example, Michigan courts still apply common law rules for issues like negligence, trespass, and defamation.
Judges often look at older court decisions to guide new cases. If the legislature has not changed the rule, the courts may still use it. This keeps Michigan law stable but flexible.
How Do Courts Use Common Law Today?
Courts use common law when no clear statute exists. Judges look at past rulings to make fair choices. In many cases, this allows the law to evolve with modern problems.
Example: If someone causes harm in a way not covered by a specific law, a court may still allow a civil lawsuit using common law. This might apply to new situations involving social media, privacy, or reputation.
Courts also use common law in property disputes, contract claims, and business conflicts.
When Should You Talk to a Lawyer?
Some situations in life call for legal help. If you live with a partner but are not married, you may not know your legal rights. A lawyer can review your case and explain where you stand. This is important if you moved from a state that allows common law marriage. You could have rights in Michigan based on your past relationship.
A lawyer can also guide you through big life decisions. If you want to make a will, set up a trust, or plan who gets your property, legal advice is key. Without the right documents, your wishes may not be followed after you pass away.
You should also speak to a lawyer if you and your partner own things together. This includes homes, bank accounts, or other shared assets. If the relationship ends, it may not be easy to divide what you own. Legal advice can help protect what belongs to you.
Some legal problems are not easy to solve. The law may not give a clear answer. In these cases, common law might apply. A lawyer knows how Michigan courts handle these gaps.
You may also need help to protect your health or family. A lawyer can help you create power of attorney papers, choose a health care agent, or set up guardianship for children.
In short, if your rights, money, or safety are at risk, speak with a lawyer. They will help you understand how both Michigan laws and common law may affect your life.
Common Myths About Common Law in Michigan
Many people believe things about common law that are not true. These myths can lead to confusion or legal trouble. Here are the most common ones:
1. Living Together Means You Are Married
This is false in Michigan. The state does not recognize new common law marriages. You can live with someone for years and still not be legally married. You must get a marriage license and go through a legal process to have marriage rights.
2. You Have the Same Rights as a Spouse If You Act Like One
Some believe that sharing bills, raising kids, or using “husband” or “wife” titles makes the relationship legal. This is not true. Only legal marriage gives full rights under Michigan law.
3. Other States’ Rules Automatically Apply in Michigan
Some couples move to Michigan from states that allow common law marriage. They assume their status stays the same. Michigan may honor those marriages, but only if they meet the legal rules of the original state. Each case is different.
4. You Can Get Property Rights Without a Legal Agreement
Without marriage or a contract, the law does not give you automatic rights to a partner’s home, money, or belongings. You must have clear documents like cohabitation agreements to protect your share.
5. A Verbal Agreement Is Enough
Verbal promises do not hold up well in court. Judges need proof. Always use written documents when sharing property, debt, or other major life plans with a partner.
Read More: Does Florida Recognize Common Law Marriage? What You Need to Know
Key Takeaways
Michigan follows both written law and common law. Judges use common law when no clear rule exists. These court-made rules come from real cases. They help courts stay fair and make steady decisions.
The state does not allow new common law marriages. Living together does not make you legally married in Michigan. You must get a marriage license to gain full rights as a spouse.
This can cause problems if your relationship ends. You may not have control over shared property, health care choices, or money. The law may not protect you without legal documents in place.
Unmarried couples should plan ahead. A will can protect your assets. A cohabitation agreement can explain who owns what. A power of attorney can give your partner legal rights in case of emergency.
If you feel unsure, speak to a lawyer. They can help you understand what the law allows and what steps you can take. This keeps you informed and protected in Michigan.
Disclaimer: This article provides general legal information. It does not offer legal advice. Please speak to a licensed attorney in Michigan for help with your specific situation.