Owning a home in Iowa is a significant step, and understanding how your marital status impacts your property rights is crucial. While most people associate marriage with a formal ceremony, Iowa is one of the few states that still recognizes common law marriage. This blog post will explore how common law marriage works and its implications for residential real estate in Iowa.
What is Common Law Marriage in Iowa?
Unlike a traditional marriage with a ceremony and license, a common law marriage is established through cohabitation and public recognition. To be considered a common-law couple in Iowa, you must meet the following criteria (Iowa Administrative Code reference):
- Mutual consent to be married: Both partners must agree to be considered husband and wife.
- Continuous cohabitation: You must live together as spouses, not just roommates.
- Public presentation as a married couple: You must hold yourselves out to the public as a married couple, which could involve introducing each other as spouses, using shared last names, or filing joint tax returns.
The Burden of Proof:
The burden of proving a common-law marriage lies with the party claiming it. This can involve presenting various forms of evidence, such as:
- Joint financial accounts
- Shared ownership of property (including real estate)
- Shared utility bills
- Witness testimony
Common Law Marriage and Real Estate:
If you are in a common-law marriage and own real estate in Iowa, your property rights are treated similarly to those of a traditionally married couple. This means:
- Joint ownership: Both spouses may have dower ownership rights to the property, regardless of whose name is on the title deed.
- Division of property in case of separation or death: In the event of a breakup or one spouse’s passing, the court will determine the fair division of the property. This can be complex, especially if ownership is unclear or there are disagreements.
- If you hold yourself out to the public as a married couple or tell our firm you are married, then we will require both spouses to sign all conveyance/ transfer documents incidental to the real estate transaction.
Important Considerations:
- There is no such thing as “common law divorce.” Once you are established as married, only a court can dissolve the marriage.
- Common law marriage is a complex legal matter. This blog post is for informational purposes only and does not constitute legal advice.
- If you are unsure about your marital status or have questions about property rights, it is essential to consult with an experienced Iowa real estate attorney.
- They can help you understand your rights and navigate legal complexities related to common law marriage and real estate.
At Danilson Law, we understand the intricacies of Iowa real estate including common-law marriage and its impact on property ownership. We are committed to providing our clients with personalized guidance and legal expertise to ensure their rights are protected. If you have any questions or require legal assistance, contact us today to schedule a consultation.
