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One thing which we haven’t discussed at all on our blog yet is common law marriage in the context of estate law. Common law marriage, in Maryland and elsewhere in other jurisdictions across the country, is essentially a marriage which is imputed based on the behaviors of a particular set of individuals; it isn’t a marriage involving any formal ceremony or legal documentation, but instead is something courts will “impose,” in a sense, on a relationship which has all the outward signs (including a substantial relationship length or history) of a genuine marital partnership.
Naturally, common law marriages are defined according to specific rules and principles, and in general such a distinction isn’t easy to attain. In addition, the court will take into account a wide range of factors when making such determinations, and provide a “global analysis” which properly considers all the relevant circumstances.
What happens when someone who assumes they had a common law marriage tries to claim part of an intestate estate? This was the issue in the recent case of In re Estate of Duraiswamy (2026). Let’s take a closer look at this important case.
Factual Posture of the Case
As mentioned, the couple in this case had a long-term relationship but no marriage certificate. In 2021, the husband passed away without a will (intestate), and the wife subsequently tried to claim a portion of his estate via succession based on the alleged common law marriage. However, the wife passed away before this claim could be litigated, and so ultimately the wife’s estate pursued her claim in her stead.
At the trial court level, the court sided with the decedent’s estate, holding that no common law marriage actually existed and therefore the wife had no valid claim to the estate. The case then went before the appellate division (Appellate Court of Maryland).
Ruling & Post-Ruling Analysis
Upon review, the appellate division affirmed the trial court’s determination, finding that no valid common law marriage existed. Hence, moving forward, we know that a valid common law marriage is needed in order to generate a valid claim against an intestate estate.
The critical aspects of this case were the fact that the wife’s estate failed to satisfactorily prove all the elements of a common law marriage (under D.C. law, the jurisdiction in which the couple originated). And, the procedural issues raised by the wife’s estate were unsuccessful: the wife’s estate tried to argue that certain evidence had been excluded in an improper manner, and that the trial court determination should be overturned on that basis. The appellate court was unpersuaded, and concluded that any evidence which had been excluded was not prejudicial or harmful to the final verdict.
This case conveys a relatively simple point, but it is still highly important: if a given couple prefers a “common law” style marriage, and they intend to benefit each other, that couple needs to make absolutely certain that the requirements of such marriages are fulfilled. Or, they can simply develop a workable will with the assistance of an expert estate planning attorney. Developing a valid and enforceable will is the surest route, but couples can still benefit each other (while intestate) provided that the firm requirements of common law marriage are met.
Contact the Murphy Law Firm for Additional Information
Readers who would like more information on common law marriages in Maryland or D.C. estate law, estate administration in general in Maryland or D.C., establishing revocable trusts, or any other related estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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