Does Ohio recognize Common Law marriages?
YES and NO. 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.
What terms need to be met for a Common Law marriage in Ohio?
The six essential elements of a Common Law marriage in Ohio are:
- a mutual agreement of marriage "in praesenti" (presently);
- made by persons competent to marry;
- followed by cohabitation (including a sexual consummation of the marriage);
- a holding out to the public that the parties are actually husband and wife;
- a reputation in the community that the parties are husband and wife; and
- that the Common Law marriage was entered into before October 10, l991.