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Title 8: Medicaid Page 108 Iowa Department of Health and Human Services Employees’ Manual Chapter C: Nonfinancial Eligibility Nonfinancial MAGI-Related Eligibility Revised October 10, 2025 Determining If a Common-Law Marriage Exists Determining If a Common-Law Marriage Exists Legal reference: Legislative Guide to Marriage Law/Iowa Legislative Services Agency at https://www.legis.iowa.gov/docs/central/guides/marriage.pdf; IowaLegalAid.org at http://www.iowalegalaid.org/resource/common-law-marriage- in-iowa When determining if someone is a parent or other caretaker, there may be situations where a common-law marriage exists or the applicant or member claims a common law marriage exists. Accept a couple’s claim that a common-law marriage exists unless you have reason to question the claim. If you question the claim, a common law marriage exists if both people:  Are free to marry  Have intended or have agreed to be married  Continue to live together  Publicly declare themselves to be husband and wife. The following items can further indicate that a common-law marriage exists:  Joint income tax forms  Joint purchase of property (house, car, etc.)  Mortgages or loans  Insurance policies  School records  Employment records  Birth records  Joint bank accounts  Statements to friends or relatives  Hotel or motel registrations Evidence must represent the couple as husband and wife. One item is not enough evidence, but several items might indicate a common-law marriage. A common-law marriage is a legal and valid marriage. When a common-law marriage exists, treat the adults the same as any other married couple.