What states have common law marriage?

By HotBotUpdated: July 18, 2024

Common law marriage is a form of partnership where a couple lives together for a period of time and holds themselves out to friends, family, and the community as "being married," but without ever going through a formal ceremony or obtaining a marriage license. While this type of marriage is not recognized in all states, there are several that do accept it under specific conditions.

States Recognizing Common Law Marriage

The following states recognize common law marriages, though the specifics can vary significantly from state to state:

Alabama

Alabama recognizes common law marriages formed before January 1, 2017. After this date, new common law marriages are not recognized, but those formed before are still valid.

Colorado

Colorado continues to recognize common law marriages. To be considered valid, the couple must cohabit, agree to be married, and present themselves as husband and wife to the public.

District of Columbia

The District of Columbia allows for common law marriages. The key components are mutual agreement to be married and cohabitation.

Iowa

Iowa recognizes common law marriages if the couple has the present intent and agreement to be married, cohabits continuously, and publicly declares themselves as a married couple.

Kansas

In Kansas, the requirements for a common law marriage include the couple being legally eligible to marry, sharing a mutual intent to marry, cohabiting, and publicly holding themselves out as married.

Montana

Montana accepts common law marriages if the couple is competent to marry, agrees to be married, cohabits, and presents themselves as married to the community.

New Hampshire

New Hampshire recognizes common law marriages for inheritance purposes only. The couple must have cohabited and presented themselves as a married couple for at least three years.

Oklahoma

Despite some legal ambiguities, Oklahoma does recognize common law marriages. The couple must have a mutual agreement to be married, cohabit, and present themselves as married.

Rhode Island

Rhode Island recognizes common law marriages when the couple has a mutual intent to be married, cohabits, and is considered married by their community.

South Carolina

South Carolina recognizes common law marriages. The couple must intend to be married, cohabit, and present themselves as married to the public.

Texas

Texas recognizes common law marriages if the couple agrees to be married, cohabits, and represents themselves as married. Additionally, Texas allows for a declaration of informal marriage to be filed.

Utah

Utah recognizes common law marriages only after the couple has received a court order validating the marriage. The couple must cohabit, have a mutual intent to be married, and present themselves as married.

States with Limited Recognition

Georgia

Georgia recognizes common law marriages formed before January 1, 1997. Any common law marriages after this date are not considered valid.

Idaho

Idaho does not recognize common law marriages formed after January 1, 1996. Marriages formed before this date are still recognized.

Ohio

Ohio recognizes common law marriages formed before October 10, 1991. Post this date, new common law marriages are not recognized.

Oklahoma

Oklahoma's recognition of common law marriage is somewhat contentious. While the state does recognize common law marriages, there are ongoing debates and legal challenges about its validity and requirements.

States Not Recognizing Common Law Marriage

Several states do not recognize common law marriage at all. These states include:

• Arizona
• California
• Florida
• Illinois
• New York
• Pennsylvania
• Virginia
• Washington
• Wyoming

Recognition of Out-of-State Common Law Marriages

Many states that do not recognize common law marriage still acknowledge such marriages if they were legally formed in a state that does recognize them. This principle is known as the "Full Faith and Credit Clause" of the U.S. Constitution, which requires states to respect the public acts, records, and judicial proceedings of other states.

Requirements for Proving Common Law Marriage

Proving a common law marriage involves demonstrating certain criteria, which generally include:

• Mutual Agreement: Both parties must agree to be married.
• Cohabitation: The couple must live together for a significant period.
• Public Representation: The couple must hold themselves out to the community as married.
• Legal Capacity: Both parties must have the legal capacity to marry (e.g., they cannot already be married to someone else).

Legal Implications of Common Law Marriage

Common law marriages can have significant legal implications, particularly in areas like property division, inheritance, and spousal support. Couples in a common law marriage may have the same rights and responsibilities as those in a formal marriage. However, proving the existence of a common law marriage can often be complex and contentious.

While common law marriage is a legally recognized institution in several states, the requirements and recognition can vary significantly. Couples considering or claiming a common law marriage should consult legal experts to understand their rights and obligations fully. The evolving landscape of marriage laws continues to present both challenges and opportunities for those in common law relationships.

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