Common law marriage is a legal marriage that a couple creates without a marriage license or a wedding ceremony. Instead, the couple agrees to be married, lives together, and presents themselves to others as a married couple. Only a small number of U.S. states still allow couples to form one today. However, every state generally recognizes one that was validly formed in a state that allows it. This guide explains what common law marriage is, which states recognize it, how to prove it, and why it matters for divorce, inheritance and benefits.
Common law marriage: quick facts
| Topic | Details |
|---|---|
| What it is | A legal marriage formed without a license or ceremony |
| Basic requirements | Agreement to be married, living together, and holding out as spouses |
| States that allow new ones | Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah (by court order) and Washington, D.C. |
| Minimum time together | None; the “seven years” rule is a myth |
| Recognized in other states? | Generally yes, if validly formed where the couple lived |
| How it ends | Only by death or a formal divorce |
What is common law marriage?
According to Cornell Law School’s Legal Information Institute, common law marriage is a marriage that is legally recognized even though the couple never obtained a license or held a formal ceremony. Once such a marriage exists, it has the same legal effect as a ceremonial marriage. In other words, the spouses have the same rights and duties regarding property, support, inheritance and children.
There is no such thing as a “common law divorce.” Therefore, a couple in this kind of marriage must go through a regular divorce to end it, just like any other married couple.
Requirements to form one
The exact rules vary by state, but most states that allow it require the following:
- Legal capacity: Both people must be old enough to marry and not already married to someone else. Colorado, for example, requires both partners to be at least 18.
- Present agreement: Both partners must agree that they are married now, not that they plan to marry later.
- Living together: The couple must live together in a state that allows common law marriage.
- Holding out: The couple must present themselves to others as married, for example by using the same last name, filing joint tax returns, or calling each other “husband” or “wife.”
However, simply living together, even for many years, does not create a marriage. Without the agreement and the holding out, the couple remains unmarried.
Which states recognize common law marriage?
| State | Status |
|---|---|
| Colorado | Yes; both partners must be 18 or older for marriages formed after September 1, 2006 |
| Iowa | Yes |
| Kansas | Yes |
| Montana | Yes |
| Rhode Island | Yes |
| Texas | Yes, called an “informal marriage” |
| Utah | Only if a court or agency validates the relationship |
| Washington, D.C. | Yes |
| New Hampshire | Only for inheritance purposes after one partner dies |
In addition, several other states abolished this type of marriage but still honor those formed before a cut-off date. For instance, Pennsylvania recognizes those formed before January 1, 2005, Alabama before January 1, 2017, and South Carolina before July 24, 2019. Ohio, Georgia, Idaho and Florida also abolished it years ago. Laws change, so check the current rules in your state.
Informal marriage in Texas
Texas calls it an “informal marriage.” Under Texas Family Code chapter 2, a couple can prove an informal marriage in two ways. First, they can sign and file a declaration of informal marriage with the county clerk. Second, they can show that they agreed to be married, lived together in Texas as spouses, and represented to others that they were married.
Moreover, Texas has an important time limit. If a couple separates and no one starts a legal proceeding to prove the marriage within two years, the law presumes there was no agreement to be married. As a result, waiting too long can make an informal marriage much harder to prove.
How to prove the marriage
Because there is no marriage license, proof usually comes from documents and witnesses. Useful evidence includes:
- Joint tax returns filed as married
- A lease, mortgage or deed listing the couple as spouses
- Insurance policies or benefit forms naming the partner as a spouse
- Joint bank accounts and shared bills
- Testimony from friends and family who knew the couple as married
- A signed declaration or affidavit of marriage, where the state allows one
Why it matters
- Divorce and property: A common law spouse may claim a share of marital property and request spousal support. Like any spouse, they must also use a formal divorce process, such as an uncontested divorce if both partners agree on the terms.
- Inheritance: If one spouse dies without a will, the surviving common law spouse may inherit under state law.
- Benefits: A common law spouse may qualify for Social Security survivor benefits, health insurance and pension benefits. In addition, the IRS treats a valid common law marriage as a marriage for federal tax purposes.
- Medical and financial decisions: Hospitals and banks may still ask for proof. Signing a durable power of attorney and a health care directive can avoid problems.
Moving to another state
In general, an informal marriage that a couple validly formed in one state stays valid after the couple moves to a state that does not allow new common law marriages. However, the couple must have met all the requirements while living in the first state. Visiting a common law state on vacation usually is not enough. If you are unsure, a family law attorney can review your situation.
Conclusion: is your relationship a common law marriage?
It is a real, legally binding marriage formed without a license, but only a few states still allow it. To create one, a couple generally must agree to be married, live together in a state that recognizes it, and present themselves to others as spouses. Living together alone is not enough, and no minimum number of years applies.
If you believe you are in one, keep records that show it, and remember that only a formal divorce can end it. For related topics, see our guide to a no contest divorce. For advice about your situation, talk to a licensed family law attorney in your state. More explainers are in our Law section.
Frequently asked questions
How long do you have to live together for a common law marriage?
There is no minimum time. The idea that seven years of living together creates a marriage is a myth. What matters is the agreement, living together, and holding out as spouses.
Do you need a divorce to end it?
Yes. A valid common law marriage can only end through death or a formal divorce.
Is common law marriage legal in California or New York?
No. Neither state allows couples to form a common law marriage, but both generally recognize one validly formed in another state.
Can a common law spouse inherit?
Yes. If the marriage is valid, the surviving spouse has the same inheritance rights as any other spouse.
Does the IRS recognize these marriages?
Yes. The IRS treats a couple in a valid common law marriage as married for federal tax purposes.
Sources
- Cornell Law School, Legal Information Institute: common law marriage
- Texas Family Code §§ 2.401–2.402 (informal marriage)
- Colorado Revised Statutes § 14-2-109.5 (age requirement)
- IRS Revenue Ruling 2013-17 (marital status for federal tax)
- Stone v. Thompson, 428 S.C. 79 (2019) (South Carolina abolition)