Common Law Marriage in the US: What You Need to Know
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Common law marriage in the US refers to a legal relationship between two people who live together and present themselves as a married couple, without obtaining a marriage license or having a formal ceremony. This type of marriage isn’t recognized nationwide, and its legal standing depends on the state in which the couple resides or where the relationship originated.
A common misconception is that living together for a specific number of years automatically results in a common law marriage. In reality, recognition typically requires:
Cohabitation
Mutual intent to be married
Public representation as a married couple
These criteria can vary by state, and proving such a marriage may require documentation or witness testimony.
Where Did Common Law Marriage Come From?
The roots of common law marriage in the US can be traced back to English common law. Early American settlers adopted this concept, especially in rural areas where access to clergy or government officials was limited. Over time, however, as states developed more formal legal systems, many moved away from recognizing informal unions.
This shift created a mixed landscape: a few states still recognize common law marriage today, while most do not. Understanding how and where this legal concept applies is crucial for couples living together without formalizing their union.
Which States Still Recognize Common Law Marriage?
Only a handful of states currently recognize common law marriage in the US. These states typically require that the couple:
Live together
Intend to be married
Present themselves as a married couple publicly
Let’s take a closer look at the states where this type of marriage is legally recognized.
Does Colorado Recognize Common Law Marriage?
Colorado recognizes common law marriage. The state does not require a specific length of cohabitation but looks for mutual agreement and public representation. Courts may consider shared finances, how the couple introduces themselves, and whether they file joint tax returns.
How Does Common Law Marriage Work in Iowa?
Iowa recognizes common law marriage under three conditions:
Continuous cohabitation
Present intent and agreement to be married
Public declaration of the marriage
There’s no required documentation, but strong evidence of these factors is needed to prove the marriage exists.
Is Common Law Marriage Legal in Texas?
Texas refers to it as “informal marriage.” To be legally married under Texas law without a ceremony or license, a couple must:
Agree to be married
Live together in Texas
Represent themselves as married to others
Texas also offers an option to file a “Declaration of Informal Marriage” at a county clerk’s office, creating a legal record of the union.
What About Common Law Marriage in Kansas?
Kansas recognizes common law marriage if both individuals:
Have the legal capacity to marry
Mutually agree to be married
Live together and present themselves publicly as married
Kansas courts often rely on shared property ownership, financial arrangements, and social acknowledgment when determining validity.
Can You Have a Common Law Marriage in Utah?
Utah has a unique approach. The state doesn’t automatically recognize common law marriages but allows courts to validate them post hoc. Couples must:
Cohabit
Mutually agree to be married
Act as a married couple in public
They must also petition the court for formal recognition within one year of ending the relationship or while still together.
Do Other States Still Allow Common Law Marriage?
Two more states continue to recognize common law marriage:
Montana: Requires mutual agreement, cohabitation, and public acknowledgment
South Carolina: Recognized common law marriage until July 24, 2019. Any relationship formed after that date must go through formal marriage channels.
What About Oklahoma?
Oklahoma’s status is complicated. Courts have at times upheld common law marriages, but the law is not clear-cut. Couples living in Oklahoma who want legal recognition should consult an attorney familiar with family law in the state.
Which States Do Not Recognize Common Law Marriage?
Most U.S. states no longer recognize common law marriages that are established within their borders. However, many of these states will recognize such a marriage if it was legally formed in a state that permits it.
Is Common Law Marriage Recognized in California?
California does not permit the formation of new common-law marriages. However, the state does recognize valid common law marriages created in other jurisdictions.
Does Florida Accept Common Law Marriages?
Florida stopped recognizing common law marriages after January 1, 1968. Like California, Florida honors common law marriages from other states if they were validly established.
Can You Have a Common Law Marriage in New York?
New York does not allow couples to create a common law marriage. However, if a couple was legally married under common law in another state, New York courts will usually honor that marriage.
What Other States Have Banned Common Law Marriage?
Here is a list of additional states that do not recognize new common law marriages:
Georgia (after Jan 1, 1997)
Illinois (after 1905)
Indiana (after 1958)
Michigan
Mississippi
Nevada
North Carolina
North Dakota
Oregon
Wisconsin
Pennsylvania (after Jan 1, 2005)
Even though these states do not allow new common law marriages to form, most will respect valid ones from other states under the Full Faith and Credit Clause of the U.S. Constitution.
Why Have Most States Rejected Common Law Marriage?
Several reasons explain the decline of common law marriage in the US:
1. Legal Clarity
Formal marriages are easier to verify. They reduce ambiguity during divorce proceedings, inheritance disputes, and property division. Without a license or marriage certificate, legal questions can become complex.
2. Less Demand
Fewer couples rely on informal unions today. Many choose to marry through the legal process or remain unmarried but legally protected through other means.
3. Social and Legal Change
Society increasingly views marriage as a formal commitment. States have updated their laws to reflect these changing expectations and reduce confusion.
What Rights Do Couples in Common Law Marriages Have?
If a couple is legally recognized as having a common law marriage in the US, they have nearly all the same rights and responsibilities as couples in ceremonial marriages. These include:
Inheritance rights (if a spouse dies intestate)
Medical decision-making authority
Eligibility for spousal support (alimony)
Responsibility for marital debts
Division of property upon separation
Insurance and employment benefits eligibility
However, proving that a common law marriage exists can be difficult, especially in the absence of a formal record.
What Happens When a Common Law Couple Separates?
Ending a common law marriage is similar to ending a traditional marriage. If the couple lives in a state that recognizes common law marriage, they must go through a legal divorce to separate property and settle other issues.
Failing to obtain a legal divorce can cause problems later on, including disputes over property and difficulties in remarrying.
What Are the Risks of Moving Between States?
A major concern with common law marriage in the US is what happens when a couple moves from a recognizing state to a non-recognizing one.
For example, a couple may meet all the requirements for a common law marriage in Texas but move to a state like Florida. Florida may not recognize their marriage unless it can be clearly proven and documented.
Without proper documentation, the non-recognizing state might deny spousal rights like medical decision-making or inheritance. This risk highlights the importance of taking proactive legal steps.
Conclusion
Common law marriage in the US continues to play a legal and cultural role, even though most states have moved away from formally recognizing it. In states where it is allowed, couples may enjoy many of the same rights and responsibilities as those in traditional marriages. However, without clear documentation, proving a common law marriage can be complicated and often leads to legal uncertainty.
If you're in a long-term relationship and unsure about your legal standing, it's wise to take proactive steps. Drafting legal agreements, understanding your rights, and seeking professional advice can help protect your future.
Contact LegalFix today to learn how our legal plans can help you navigate your options and protect your relationship with confidence.
