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Can I obtain a certificate of common-law marriage?

My husband, with whom I was in a common-law marriage, has died. I would like to receive some division of the inherited property; is there a way to obtain a certificate? If not, please tell me what I should do to receive property in this situation. If I obtain a certificate of common-law marriage, I would be recognized, right?

common-law marriage inheritance

certificate of common-law marriage

Answer to Related Inquiry

Author: 김국일

Hello. This is a divorce attorney at Daeryun Law LLC.

A common-law marriage refers to a state in which, although no marriage report has been filed, the couple is socially living a shared life like a married couple.

In other words, a case in which, despite not having gone through the legal marriage procedure (the marriage report), the couple is substantially living a marital life constitutes a common-law marriage.

There is no certificate of common-law marriage that can be obtained directly from a community service center or a court officially.

In other words, the only document that can prove a common-law marriage is not a document issued like an ordinary civil-affairs form, but rather material secured through means such as litigation, by having the court recognize the fact that a common-law marriage existed.

Once you secure this document, it works very favorably in asserting legal rights such as inheritance, division of property, and consolation money.

If your husband were alive, you could have a certificate of common-law marriage notarized and submit it, but where your husband has died and you cannot submit it, if you wish to receive a division of property, you can prove that there was a common-law marriage by submitting the following evidence to the court.

1. Evidence of shared residence and living: a resident registration abstract showing the same address for one year or more, a housing lease agreement, a joint bank account, records of sharing living expenses, and the like

2. Evidence of social recognition: family photographs, studio photographs taken as a married couple, and written statements from friends, neighbors, and relatives

3. Circumstances of shared life: cases where a child's birth was reported together, a wedding was planned, or there are wedding-related invitations or reservation records

To receive common-law marriage inheritance, you gather the above evidence and file a lawsuit to confirm the existence of the common-law marriage.

If the court recognizes the common-law marriage, you are recognized as having the legal status to assert rights such as inheritance as a common-law spouse.

If you would like help proving a common-law marriage and receiving a division of property, we invite you to request a consultation with our firm.