Can a Common-Law Spouse File a Wrongful Death Claim in Tennessee?

Modern relationships take many forms, and many couples live together for decades without ever signing a formal marriage license. When a tragedy strikes and one partner is killed due to negligence, the surviving partner often assumes they have the legal right to sue the responsible party. Unfortunately, Tennessee law is incredibly strict regarding unmarried couples, and assuming you have the same rights as a legally married spouse can lead to your case being dismissed.

Proving your legal standing as a common-law spouse involves navigating complex jurisdictional laws. We strongly suggest using our directory to find a Tennessee wrongful death attorney who can help prove the validity of your relationship and fight for your legal rights in court.

Proving Out-of-State Common-Law Status

Under Tenn. Code Ann. § 36-3-103 and Tenn. Code Ann. § 36-3-301, Tennessee explicitly does not recognize or create common-law marriages that originate within its own borders. Living together in Nashville for twenty years does not make you legally married. However, Tennessee courts observe a legal principle where they will recognize a common-law marriage if it was validly created in a state that permits them, such as Colorado or Texas. This was firmly established in precedents like Andrews v. Signal Auto Parts, Inc., 492 S.W.2d 222 (TN Supreme Court 1972).

If you intend to file a wrongful death lawsuit in a court like the Knox County Circuit Court, Knoxville or the Hamilton County Circuit Court, Chattanooga, you must first prove your marriage is valid. Your attorney will need to gather evidence from the time you lived in the other state. This includes joint tax returns, property deeds with both names, and affidavits from friends and family confirming you presented yourselves as husband and wife to the public.

Alternatives for Unmarried Partners

If you cannot prove a valid out-of-state common-law marriage, you are considered a legal stranger to your deceased partner under Tennessee's wrongful death statute, Tenn. Code Ann. § 20-5-106. You will not have the legal standing to file a wrongful death lawsuit. Instead, the right to file automatically passes to the deceased partner's biological family, such as their children, parents, or siblings. Even if you were entirely financially dependent on your partner, the state prioritizes blood relatives in these specific claims.

How Cohabitation Agreements Impact Claims

Many unmarried couples sign cohabitation agreements or draft Last Wills to protect each other. While these documents are excellent for transferring bank accounts or real estate after death, they do not grant you standing in a wrongful death lawsuit. Wrongful death proceeds pass completely outside of the deceased's estate. This means the settlement money goes directly to statutory heirs (the biological family) and bypasses the Will entirely. If your marriage is deemed invalid, the settlement will bypass you completely, and the biological family may have to file a petition for letters of administration under Tenn. Code Ann. § 30-1-117 to take over the estate.

How Much Does a Wrongful Death Lawyer Cost in TN?

Evaluating the complexities of a common-law marriage claim requires dedicated legal effort, but it generally will not cost you out-of-pocket money to start.

How Long Does the Process Take?

In Tennessee, the statute of limitations to file a wrongful death claim is very short: just one year from the date of the fatal incident. Proving the validity of a common-law marriage can add months to the pre-lawsuit preparation phase. If the defense challenges your marital status, resolving the lawsuit can easily take 18 to 36 months in civil court.

Frequently Asked Questions (FAQ)