Is Common Law Marriage Still a Thing? Here’s the Truth

Key Highlights

• Common law marriage is a legal union that does not require a formal ceremony or official marriage license.
• The requirements for common law marriage vary by state in the U.S.
• Historical roots trace back to England, where the concept was first established.
• Legal implications, such as property division and inheritance, differ from those of formal marriages.
• In some states, couples who live together for a certain period and meet other requirements may be considered in a common law marriage.

Introduction

Common law marriage is a legal union recognized in some states in the U.S. without the need for a formal ceremony or a marriage license. Instead, it’s based on the couple’s behavior, such as living together and presenting themselves as a married couple. In this article, we’ll explore what common law marriage is, its historical background, how it works today, and its legal implications.

What is Common Law Marriage?

Common law marriage is a type of marital relationship in which two people are considered legally married, even without going through a formal marriage ceremony or obtaining a marriage license. However, this marriage status is only recognized in specific states, and the requirements for establishing a common law marriage vary.

Requirements for Common Law Marriage

The basic requirements for common law marriage typically include:

• The couple must live together for a significant period (varies by state).
• Both parties must be of legal age and capable of understanding the legal implications of marriage.
• The couple must present themselves as married to the public (e.g., referring to each other as husband and wife, filing joint tax returns, etc.).

Cohabitation and Public Representation

Cohabitation, or living together, is a key factor in establishing a common-law marriage. However, the length of time required can vary by state. In addition to living together, the couple must also publicly represent themselves as being married. This can include sharing the same last name, referring to each other as spouse, and filing joint financial documents.

The Historical Background of Common Law Marriage

The concept of common law marriage has its roots in English common law. Historically, in the absence of formal ceremonies and records, the law would recognize a marriage when a couple lived together as husband and wife and acted in ways that indicated a marital relationship. Over time, the tradition spread to the United States, though its legal recognition and the requirements have evolved differently in various states.

The Marriage Act of 1753

In England, the Marriage Act of 1753 marked a shift towards formalizing marriages. It required that all marriages be performed by a clergyman and registered, reducing the prevalence of common-law marriages. Despite this, the concept of common law marriage persisted in certain jurisdictions, particularly in the U.S.

Common Law Marriage in the United States Today

In the U.S., common law marriage is recognized only in a handful of states. These states include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas, among others. However, the requirements for establishing a common law marriage differ in each state. Some states, such as Georgia and Arizona, do not recognize common law marriages at all.

How to Establish a Common Law Marriage

To establish a common-law marriage, couples must meet the eligibility requirements of the state in which they reside. This typically involves cohabitating for a specified period, presenting themselves publicly as a married couple, and meeting other requirements set by state law. Couples need to check the specific laws in their state to determine what constitutes a valid common law marriage.

Legal Implications of Common Law Marriage

Common law marriage carries with it legal rights and responsibilities similar to those of formal marriage. These include:

• Property Division: When a common-law couple separates, the division of property may differ from that of a formal marriage. In some states, property is divided equally, while in others, the distribution depends on the specific circumstances of the relationship.
• Inheritance Rights: In the absence of a formal will, a surviving partner in a co-common-law marriage may have inheritance rights similar to those of a formal spouse, depending on the laws of the state.
• Health Care and Benefits: In some instances, co-moon-law spouses may be eligible for health care benefits or other rights associated with marriage. However, this varies by state and employer.

Recognizing Common Law Marriage

Recognizing a common law marriage can be complex, especially when the couple is no longer together. The state must determine whether the couple meets the requirements for common law marriage, and the burden of proof may fall on the individuals involved. This can involve providing evidence such as joint bank accounts, tax returns, and other documents that demonstrate the couple’s intent to be married.

Frequently Asked Questions

What states recognize common law marriage?

The states that recognize common law marriage include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. Other states may recognize common law marriages that were established before certain dates or under specific circumstances.

How long do you have to live together to be considered married under common law?

The duration of cohabitation required to establish a common-law marriage varies by state. In some states, the couple must live together for a certain number of years, while in others, it may be shorter or have additional requirements, such as holding themselves out as married.

What are the benefits of a common law marriage?

Common law marriage offers legal rights and responsibilities similar to formal marriage, such as property division in the event of a separation, inheritance rights, and potential eligibility for health care and other benefits.

Can common law marriages be dissolved?

Yes, common law marriages can be dissolved. If a couple in a common-law marriage decides to separate, they may need to go through a legal process similar to a divorce, depending on state laws. Property division and other legal matters may need to be addressed in court.

Do I need to file for a common-law marriage?

In most cases, couples in a common-law marriage do not need to file anything to be recognized as married. However, it’s important to ensure that you meet the requirements for common law marriage in your state, and in some instances, it may be necessary to formally declare the marriage for legal purposes.

Written by Perkins Willow Updated May 5, 2025 by Albert Fang