Key Takeaways
- A common law marriage is a legally valid marriage created without a license or ceremony, by meeting specific requirements.
- Only a small number of states still allow new common law marriages to be formed, including Colorado, Iowa, Kansas, Montana, Texas and Utah, plus Washington, D.C.
- There’s no set number of years of living together that creates a common law marriage; that’s a myth.
- A valid common law marriage is a real marriage: ending it requires a formal divorce.
- Most cohabiting couples aren’t common law married, so they need wills, powers of attorney and other documents to protect each other.
What is common law marriage?
A common law marriage is a marriage that’s legally recognized even though the couple never got a marriage license or had a formal ceremony. Where it exists, it carries the same rights and responsibilities as a ceremonial marriage, including inheritance, spousal benefits and the need for a divorce to end it.
What does it take?
Requirements vary by state, but generally both partners must:
- Be legally able to marry (of age, not already married, not closely related)
- Agree that they’re married, now, not just plan to marry someday
- Live together
- Hold themselves out to others as married, for example by using the same last name, calling each other husband or wife, or filing joint tax returns
Which states recognize it?
| Situation | Recognized? | What it means |
|---|---|---|
| States that allow new common law marriages (e.g., Colorado, Iowa, Kansas, Montana, Texas, Utah, D.C.) | Yes, if requirements are met | Same rights as a ceremonial marriage |
| States that abolished it for new marriages | Only for marriages formed before the cutoff date | Older relationships may still qualify |
| States that never allowed it | Generally no | But they usually recognize a common law marriage validly formed in another state |
| Couples who simply lived together | No | No marital rights, regardless of how long |
Rules change, and some states recognize common law marriage only for limited purposes, so check your state’s current law.
The “seven years” myth
Many people believe that living together for a certain number of years makes you married. It doesn’t, in any state. Duration alone never creates a common law marriage; agreement and holding yourselves out as married are what count, and only where the state allows it.
Should you rely on common law marriage?
Usually not. Proving a common law marriage can require a court case, often after a death or breakup, when the stakes are highest and the other person may disagree. If you want marital protections, marry formally. If you don’t, use documents:
- A will and up-to-date beneficiary designations
- A health care power of attorney and HIPAA release; see medical decisions for unmarried partners
- A cohabitation agreement
See our overview of estate planning for unmarried couples.
Frequently asked questions
There’s no minimum time. Common law marriage depends on agreeing to be married and presenting yourselves as married, in a state that allows it, not on how long you’ve lived together.
Yes. A valid common law marriage is a legal marriage and must be ended through divorce, just like a ceremonial marriage.
Generally yes. Most states recognize a common law marriage that was validly formed in another state.
If the common law marriage is valid, the surviving spouse has the same inheritance rights as any spouse, but may have to prove the marriage existed.
Yes, in states that recognize common law marriage, the same requirements apply to same-sex couples.
Keep reading
- Estate Planning for Unmarried Couples: How to Protect Each OtherUnmarried partners have few automatic legal rights. Learn which documents let you make medical decisions, share information and inherit from each other.
- Cohabitation Agreement: What It Covers and Why Couples Sign OneA cohabitation agreement sets out how unmarried partners share property, expenses and debts, and what happens if they split up. Here's what to include.
- Domestic Partnership vs. Marriage: What’s the Difference?Domestic partnership and marriage give couples very different legal rights. Compare inheritance, taxes, benefits and medical decisions, and learn what an agreement adds.
- Primary vs. Contingent Beneficiary: How to Name Them RightA primary beneficiary inherits first; a contingent beneficiary inherits if the primary can't. Learn how they work, common mistakes, and how beneficiaries interact with your will.
- Can an Unmarried Partner Make Medical Decisions for You?In many states an unmarried partner isn't next of kin for medical decisions. Learn how a health care power of attorney and HIPAA release give your partner a voice.
Make sure your partner can be there for you
Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.