Iowa Admin. Code r. 441-62.19

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 441-62.19 - Common law marriage

(1) A common law marriage is a social relationship between two persons that meets all the necessary requisites of a marriage except that it was not solemnized, performed, or witnessed by an official authorized by law to perform marriages.

(2) The necessary elements of a common law marriage are:

a. A present intent of both parties freely given to become married,

b. A public declaration by the parties or a holding out to the public that they are spouses,

c. Continuous cohabitation together as spouses (this means consummation of the marriage), and

d. Capability of both parties to enter into the marriage relationship.

(3) No special time limit is necessary to establish a common law marriage.

This rule is intended to implement Iowa Code section 425.17.

Iowa Admin. Code r. 441-62.19

Adopted by IAB October 5, 2022/Volume XLV, Number 7, effective 1/1/2023