Common Law Marriage FAQ
Learn what common law marriage is and in what states it's recognized.
What is a common law marriage?
In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:
- live together for a significant period of time (not defined in any state)
- hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
- intend to be married.
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Which states recognize common law marriage?
Common law marriage is recognized only in the following states:
- Alabama
- Colorado
- District of Columbia
- Georgia (if created before 1/1/97)
- Idaho (if created before 1/1/96)
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Ohio (if created before 10/10/91)
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- Texas
- Utah
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