What is Common Law Marriage in Albuquerque, New Mexico?

 

Common law marriage in Albuquerque, New Mexico was a topic that I never really considered.  I knew that common law marriages were not legal in New Mexico, and I moved along.

But when you stop to think about it, common law marriages are pretty interesting. Let’s explore common law marriages in Albuquerque and across New Mexico.

 

WHAT IS COMMON LAW MARRIAGE IN ALBUQUERQUE, NEW MEXICO?

 

Common law marriage is a legally recognized marriage that can occur without a proper license and valid marriage ceremony.  In Albuquerque, New Mexico marriage is a civil contract that must be licensed.

Do you live in Albuquerque, New Mexico and are telling people that you are married by common law? If you’re a NM resident, no matter how long you tell people that you are common law married, you are not married unless there is a valid ceremony and proper license.

 

IS NEW MEXICO A COMMON LAW STATE?

 

No.  New Mexico is not a common law state.  In New Mexico, marriage is a civil contract that must be licensed. Dominguez v. Cruz, 95 N.M. 1.

 

DOES ALBUQUERQUE, NEW MEXICO RECOGNIZE COMMON LAW MARRIAGES? 

 

Albuquerque, New Mexico does not authorize common law marriages.  However, New Mexico recognizes common law marriages that were formed in a states that allows common law marriage. NMSA 40-1-4. In doing so, Albuquerque, New Mexico applies the rule of comity, where the law of the state where the marriage is performed controls the marriage’s validity in New Mexico. Ferret v. Ferret, 55 N.M. 565.

 

DO ANY STATES NEAR NEW MEXICO RECOGNIZE COMMON LAW MARRIAGES?

 

Yes.  Texas and Colorado are both common law marriage states.

 

CAN A NEW MEXICO COUPLE BECOME MARRIED BY LIVING TOGETHER AND TELLING PEOPLE THAT THEY ARE MARRIED?

 

No.  New Mexico is not a common law state.  Therefore, New Mexico residents that hold themselves out as married do not created a legal marriage in New Mexico.

 

CAN ALBUQUERQUE, NM COUPLES GET COMMON LAW MARRIED IN ANOTHER STATE SUCH AS COLORADO OR TEXAS?  

 

For couples that live in Albuquerque, NM, spending an occasional night in a common law state, such as Texas or Colorado, does not create a common law marriage in New Mexico.  The Albuquerque, NM couple must have sufficient contacts with the common law marriage state (i.e. Texas or Colorado) for the common law marriage to be formed.

A trip to Texas or Colorado does not result in a valid common law marriage when the New Mexico couple has no intention of living in Texas or Colorado.

The NM Supreme Court has addressed NM residents traveling to common law marriage states.  According to the NM Supreme Court:

• It is not enough to establish a common law marriage that the couple have occasional visits to a state that recognizes common law marriages;
• A couple that occasionally holds themselves out as married in a common law state does not create a valid marriage;

In re Estate of Lame, 99 N.M. 157 at P. 1004.

 

IF I LIVE IN NEW MEXICO, CAN I BECOME COMMON LAW MARRIED BY TRAVELING TO ANOTHER STATE?

 

No.  New Mexicans cannot establish a common law marriage by making occasional visits to a state that recognizes common law marriage (such as Texas or Colorado).

A couple that lives in New Mexico does not become common law married by holding themselves out as married, or having sexual relations in a state that recognizes common law marriage.

According to New Mexico law, “The couple must have sufficient contacts and evidence to show an intent to enter into a common law marriage in [another state].” See Bivans v. Denk, 98 NM 725 at P. 753.

 

(505) SANCHEZ HELPS YOU UNDERSTAND WHETHER YOUR MARRIAGE IS VALID IN ALBUQUERQUE, NEW MEXICO

 

Do you have questions about marriage in Albuquerque or contested divorce in Albuquerque, New Mexico?  Matthew Legan Sanchez is a New Mexico uncontested divorce attorney in Albuquerque that helps you understand New Mexico cohabitation laws.  Sanchez can be reached by calling (505) SANCHEZ.