Which States Recognize Common Law Marriage?

A Legal Overview

Common law marriage is a type of marriage where a couple is considered legally married without having an official wedding ceremony or obtaining a marriage license. This type of marriage is not recognized in every U.S. state, but it is still a valid and legally binding form of marriage in some places. Understanding where common law marriage is recognized, how it works, and the legal rights it provides is important for couples considering this arrangement. This guide will explain which states recognize common law marriage, what is required to establish such a marriage, and what legal rights come with it.

States That Recognize Common Law Marriage

As of 2024, only a few states in the U.S. recognize common law marriages. The details of these states and their specific requirements are as follows;

1. Colorado

In Colorado, common law marriage is recognized. For a couple to be considered married under common law in Colorado, they must live together and agree that they are married. There is no specific amount of time they need to live together. The couple also needs to show that they are married by acting like a married couple in public, such as by introducing each other as spouses.

2. Iowa

Iowa also recognizes common law marriages. In this state, a couple must intend to be married, live together continuously, and present themselves as a married couple to the public. Like Colorado, Iowa does not require the couple to live together for a specific period before being considered married.

3. Kansas

In Kansas, common law marriages are recognized if the couple agrees to be married, lives together, and holds themselves out to the public as a married couple. Similar to the other states, there is no requirement for how long they must live together.

4. Montana

Montana recognizes common law marriages as well. The couple must mutually agree to be married, live together, and publicly declare that they are married. The state does not require a specific period of cohabitation.

5. New Hampshire (For Inheritance Purposes Only)

New Hampshire has a unique approach to common law marriage. The state recognizes common law marriages only for inheritance purposes. This means that if one partner dies without a will, the surviving partner may be entitled to inherit property as if they were legally married, even though the state does not generally recognize common law marriage.

6. South Carolina

South Carolina is another state that recognizes common law marriages. For a common law marriage to be valid in South Carolina, the couple must live together and agree to be married. They also need to publicly acknowledge their marriage, such as by telling people they are married.

7. Texas

In Texas, common law marriage is referred to as "informal marriage." For a couple to be considered informally married in Texas, they must agree to be married, live together, and present themselves to others as a married couple. Texas also allows couples to officially register their informal marriage with the county clerk, which can help provide legal proof of the marriage.

8. Utah (With Court Recognition)

Utah recognizes common law marriage only if a court or administrative order confirms it. To prove a common law marriage in Utah, the couple must show that they lived together, agreed to be married, and publicly acknowledged their relationship as a marriage. A court or administrative body must validate the marriage for it to be legally recognized in the state.

9. Washington, D.C.

The District of Columbia, also known as Washington, D.C., recognizes common law marriages. A couple in D.C. must mutually agree to be married, live together, and present themselves as married to the public for their common law marriage to be valid.

States that do not Recognize Common Law Marriage

Many U.S. states have abolished common law marriage, meaning that couples in these states must get a marriage license and go through a formal ceremony to be legally recognized as married. However, some of these states might recognize a common law marriage if it was established in a state where such marriages are legal. For example, if a couple was considered married under common law in Colorado and then moved to a state that does not recognize common law marriage, that state might still recognize their marriage as valid.

Legal Requirements for Common Law Marriage

There are certain legal requirements that couples must meet to establish a common law marriage. These requirements can vary slightly from state to state, but there are some common elements.

Mutual Consent

One of the most important requirements for a common law marriage is that both partners must mutually agree to be married. This means that they both understand and agree that they are entering into a marriage. This agreement does not need to be in writing, but it must be clear and mutual.

Cohabitation

Cohabitation means that the couple lives together as if they are married. Living together is a critical factor in establishing a common law marriage. However, the length of time the couple must live together varies by state. Some states do not require a specific amount of time, while others may consider the duration of cohabitation as a factor in determining whether a common law marriage exists.

Public Representation

To have a common law marriage, the couple must present themselves as married to the public. This can involve various actions, such as using the same last name, referring to each other as husband or wife, filing joint tax returns, and making joint decisions about finances. Public representation is a key element in proving that a common law marriage exists.

Legal Implications of Common Law Marriage

Once a common law marriage is established, the couple has the same legal rights and responsibilities as a couple who went through a formal marriage ceremony. Here are some of the legal implications of common law marriage:

Rights and Responsibilities

In a common law marriage, the couple has the same legal rights and responsibilities as a formally married couple. This includes the right to inherit each other's property, file joint tax returns, and make medical decisions for each other if one partner is unable to do so. If the couple decides to separate, they must go through a formal divorce process to legally end the marriage, just like any other married couple.

Proving Common Law Marriage

Proving the existence of a common law marriage can be difficult, especially in states that do not recognize this type of marriage. Couples may need to provide evidence that they lived together, had joint financial accounts, and publicly acknowledged their relationship as a marriage. Legal disputes over common law marriage often arise in cases involving inheritance, property division, and spousal support. For example, if one partner dies without a will, the surviving partner may need to prove that they were in a common law marriage to inherit property. Similarly, if the couple separates, one partner might need to prove the existence of the marriage to claim spousal support or a share of jointly owned property.

Filing Legal Claims

In some cases, one partner may need to file legal claims against the other for financial disputes that arise from a common law marriage. Understanding the legal standing of their relationship is crucial in such cases, as it can affect the outcome of the claim. For example, if one partner took on debt during the relationship, the other partner might be responsible for part of that debt if the court recognizes the relationship as a marriage.

Conclusion

Common law marriage is recognized in only a few states, and the legal requirements for establishing such a marriage vary by state. Couples who are considering entering into a common law marriage should carefully consider the legal implications, including the rights and responsibilities that come with it. By understanding the laws in their state, couples can make informed decisions about their relationship and protect their legal rights.

It's important for couples to remember that a common law marriage is just as legally binding as a formal marriage, with all the same rights and obligations. Therefore, couples should treat this decision with the same seriousness as they would any other marriage. Whether they choose to get married through a formal ceremony or establish a common law marriage, couples should ensure they fully understand the legal consequences of their choice.