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Stolar & Associates, A Professional Law Corporation
Beverly Hills, CA - Family Lawyers with a diverse experience helping you with Pre-Nuptial, Post-Nuptial,& Same-Sex Partnerships. (310) 288-1828

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

Copyright 2005 Nolo

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