Iowa Admin. Code r. 441-62.14 - [Effective 8/1/2025] Common law marriage
(1) A common law
marriage is a social relationship between two persons that meets all the
necessary requisites of a marriage except that it was not solemnized,
performed, or witnessed by an official authorized by law to perform
marriages.
(2) The necessary
elements of a common law marriage are:
a. A
present intent of both parties freely given to become married,
b. A public declaration by the parties or a
holding out to the public that they are spouses,
c. Continuous cohabitation together as
spouses (this means consummation of the marriage), and
d. Capability of both parties to enter into
the marriage relationship.
(3) No special time limit is necessary to
establish a common law marriage.
This rule is intended to implement Iowa Code section 425.17.
Notes
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If two spouses are both qualified claimants renting separate and distinct homesteads, and rent is paid by each, each is eligible to file an individual reimbursement claim for rent constituting property tax paid.
This rule is intended to implement Iowa Code section 425.17(4).