Common Law Marriage: What It Is and Which States Recognize It

What it takes, where it's recognized, and why most cohabiting couples shouldn't count on it.

By No Brainer Forms Team Updated 3 min read

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?

SituationRecognized?What it means
States that allow new common law marriages (e.g., Colorado, Iowa, Kansas, Montana, Texas, Utah, D.C.)Yes, if requirements are metSame rights as a ceremonial marriage
States that abolished it for new marriagesOnly for marriages formed before the cutoff dateOlder relationships may still qualify
States that never allowed itGenerally noBut they usually recognize a common law marriage validly formed in another state
Couples who simply lived togetherNoNo marital rights, regardless of how long
Common law marriage recognition at a glance

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:

See our overview of estate planning for unmarried couples.

Frequently asked questions

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

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.

Do I need a divorce to end a common law marriage?

Yes. A valid common law marriage is a legal marriage and must be ended through divorce, just like a ceremonial marriage.

If we move to a state without common law marriage, are we still married?

Generally yes. Most states recognize a common law marriage that was validly formed in another state.

Does a common law spouse inherit if there’s no will?

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.

Can same-sex couples have a common law marriage?

Yes, in states that recognize common law marriage, the same requirements apply to same-sex couples.

Keep reading

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.

  1. Answer a few simple questions online
  2. Download your completed, ready-to-sign forms
  3. Sign them and keep copies in your account
Protect our partnership →

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.