Common law marriage
Published on August 21, 2025 · 2 min read
What is common law marriage?
Common law marriage is a legal framework in which a couple is considered married without formally registering through a marriage license or ceremony. Instead, the couple lives together for a period of time and presents itself as spouses. Not all states recognize common law marriage, but in those that do, the relationship can carry many of the same legal rights and obligations as a traditional marriage.
Key elements of common law marriage
No formal ceremony required: A common law marriage does not involve a wedding or official marriage license, but still may be legally recognized.
Mutual intent to be married: Both individuals must agree to be married and present themselves as a married couple to others (e.g., using the same last name, filing joint taxes, referring to each other as spouses).
- Cohabitation: The couple typically must live together for a significant period, although exact time requirements vary by state.
- Legal capacity: Both partners must be legally eligible to marry, meaning they are of legal age and not married to someone else.
- State recognition: Only a few states still allow couples to enter into a new common law marriage, while others may only recognize such marriages if they were validly established in a state that permits them.
Where it applies and why it matters
States that still recognize common law marriage include Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah, among a few others. Some states also honor common law marriages that were established before a certain date or that originated in another state.
If a common law marriage is legally recognized, couples may have rights and responsibilities related to property division, spousal support, and inheritance, just like couples who were formally married. However, proving a common law marriage can be challenging, especially during a breakup or after a partner's death.
Understanding your state’s laws is critical, especially if you’ve lived with a partner long-term and share finances, property, or children. Legal advice can help clarify your status and protect your interests.
