House File 399 - Introduced HOUSE FILE 399 BY KOESTER A BILL FOR An Act relating to the validity of common law marriages in the 1 state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2275YH (9) 87 pf/nh

H.F. 399 Section 1. NEW SECTION . 595.21 Common law marriage —— 1 validity. 2 1. A common law marriage contracted on or after July 1, 3 2017, is not valid in this state. 4 2. a. A valid common law marriage contracted prior to July 5 1, 2017, that has not been terminated by death, dissolution of 6 marriage, or annulment, is valid on or after July 1, 2017. 7 b. (1) All of the following requirements must be met for 8 a common law marriage contracted prior to July 1, 2017, to be 9 valid: 10 (a) The parties to the common law marriage had the capacity 11 to enter into the marriage relationship at the time the parties 12 entered into the marriage relationship. 13 (b) The party asserting the claim shall prove all of the 14 following elements relative to the parties by a preponderance 15 of the evidence: 16 (i) A present intent and mutual agreement of the parties to 17 be married. 18 (ii) Continuous cohabitation of the parties as spouses. 19 (iii) A public declaration or a general and substantial 20 holding out to the public by the parties that the parties are 21 spouses. 22 (2) A specific duration relative to the existence of a 23 common law marriage is not necessary to establish a valid 24 common law marriage. 25 (3) The burden of proof to establish a valid common law 26 marriage is on the party asserting the claim. 27 Sec. 2. Section 252A.3, subsection 6, Code 2017, is amended 28 to read as follows: 29 6. A child or children born of parents who held or hold 30 themselves out as husband and wife by virtue of a valid 31 common law marriage pursuant to section 595.21 are deemed the 32 legitimate child or children of both parents. 33 Sec. 3. Section 252A.3, subsection 7, paragraph a, 34 unnumbered paragraph 1, Code 2017, is amended to read as 35 -1- LSB 2275YH (9) 87 pf/nh 1/ 3

H.F. 399 follows: 1 A child born of parents who at any time prior to the birth 2 of the child held themselves out as spouses by virtue of a 3 valid common law marriage pursuant to section 595.21 is deemed 4 the legitimate child of both parents, if all of the following 5 conditions are met: 6 Sec. 4. Section 252A.3, subsection 8, Code 2017, is amended 7 to read as follows: 8 8. A man or woman who was or is held out as the person’s 9 spouse by a person by virtue of a valid common law marriage 10 pursuant to section 595.21 is deemed the legitimate spouse of 11 such person. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to common law marriage in the state. 16 The bill provides that a common law marriage contracted on 17 or after July 1, 2017, is not valid in this state. However, 18 a valid common law marriage contracted prior to July 1, 2017, 19 that has not been terminated by death, dissolution of marriage, 20 or annulment, is valid on or after July 1, 2017. 21 The bill provides that for a common law marriage contracted 22 prior to July 1, 2017, to be valid, the parties to the common 23 law marriage must have had the capacity to enter into the 24 marriage relationship at the time the parties entered into 25 the marriage relationship, and, all of the following elements 26 relative to the parties must be proven by the party asserting 27 the claim by a preponderance of the evidence: a present 28 intent and mutual agreement of the parties to be married; 29 continuous cohabitation of the parties as spouses; and a public 30 declaration or a general and substantial holding out to the 31 public by the parties that the parties are spouses. A valid 32 common law marriage does not require a specific duration, and 33 the burden of proof to establish a valid common law marriage is 34 on the party asserting the claim. 35 -2- LSB 2275YH (9) 87 pf/nh 2/ 3

H.F. 399 The bill also makes conforming changes in the Code to reflect 1 the provisions of the bill relative to Code chapter 252A 2 (support of dependents). 3 -3- LSB 2275YH (9) 87 pf/nh 3/ 3