Is Common Law Marriage Recognized? 2025 Update
Common law marriage remains one of the most misunderstood concepts in family law. Many couples believe that simply living together for a certain number of years automatically creates a legally binding marriage, but the reality is far more nuanced. As of 2025, only a limited number of states recognize common law marriages, and the requirements vary significantly across jurisdictions. Understanding whether your relationship qualifies as a common law marriage is crucial for legal protections, inheritance rights, and spousal benefits.
The landscape of common law marriage recognition has remained relatively stable in recent years, though some states have tightened requirements while others have eliminated common law marriage entirely. If you’re in a long-term committed relationship without formal marriage documentation, it’s essential to understand your state’s specific laws and how they might affect your legal standing, property rights, and access to marital benefits.
What is Common Law Marriage?
Common law marriage is a legal union between two individuals that is created without formal ceremonial requirements or a marriage license. Instead of going through the traditional process of obtaining a marriage license and having an official ceremony, couples establish a marriage through their conduct, agreement, and cohabitation. This concept originates from English common law traditions and has been incorporated into the legal systems of various U.S. states.
The fundamental principle behind common law marriage is that if two people meet certain legal criteria—primarily agreement, cohabitation, and public representation as spouses—they become legally married without any official documentation. This can be advantageous for couples who never formalized their relationship but wish to claim spousal rights, or it can create legal complications for those who believed they were simply living together without legal obligations.
Common law marriage is distinct from common law in Texas and other jurisdictions, which refers to a broader legal system based on judicial precedent rather than codified statutes. While common law as a legal system applies to many areas of law, common law marriage is a specific family law concept that applies only in certain states.
States That Recognize Common Law Marriage in 2025
As of 2025, the following states recognize common law marriage for couples who meet their specific requirements: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, Utah, and Washington D.C. Additionally, some states recognize common law marriages that were validly established before specific cutoff dates, even though they no longer allow new common law marriages to be formed.
It’s important to note that several states have eliminated or significantly restricted common law marriage in recent decades. For example, Georgia abolished common law marriage in 1997, though it recognizes marriages created before that date. Florida, Illinois, and many other states no longer permit new common law marriages to be established, though they may recognize those validly created in other jurisdictions.
The recognition of common law marriage varies based on where the marriage was formed and where it’s being recognized. Many states apply the principle of lex loci contractus, which means they recognize a common law marriage if it was validly created in the state where it was established, even if that state now prohibits new common law marriages.
Texas is particularly notable for its continued recognition of common law marriage. The state recognizes common law marriages when two individuals have agreed to be married, have lived together as spouses, and have represented themselves to the public as a married couple. This relatively permissive approach has made Texas a focus of common law marriage litigation.
Requirements for Common Law Marriage Recognition
The specific requirements for common law marriage vary by state, but most jurisdictions that recognize common law marriage require three essential elements: (1) mutual agreement or intent to be married, (2) cohabitation or living together as spouses, and (3) public representation as a married couple.
Mutual Agreement to Marry: Both parties must have agreed to enter into a marital relationship. This agreement doesn’t require formal words or ceremony; it can be implied through conduct. However, the agreement must exist at the time the couple begins cohabiting as spouses. Merely agreeing to live together is insufficient; the parties must specifically agree that they are entering into a marriage.
Cohabitation: The couple must live together in the same household as spouses. The required duration of cohabitation varies by state. Some states, like Colorado, require only a brief period of cohabitation combined with the other elements, while others may have implicit expectations of longer-term cohabitation. The cohabitation must occur in the state where common law marriage is being recognized.
Public Representation as Married: The couple must hold themselves out to the public as being married. This includes using the same surname, referring to each other as spouses, filing joint tax returns, obtaining joint credit, or otherwise conducting themselves in a manner consistent with married status. The public representation requirement ensures that the couple’s relationship is not purely private but is acknowledged within their community.
Some states add additional requirements. New Hampshire, for instance, requires that couples formally declare themselves married before a judge or in some other official capacity. Washington D.C. requires that the couple cohabit for a minimum period and meet the other standard requirements.
How to Prove Common Law Marriage
Proving a common law marriage can be challenging because there is no official marriage certificate. Courts typically require substantial evidence demonstrating that all required elements have been satisfied. Understanding the types of evidence courts accept is essential for anyone seeking to establish or challenge a common law marriage.
Documentary Evidence: Joint tax returns, joint bank accounts, joint property deeds, insurance policies naming the other person as a spouse, and utility bills showing both names at the same address can all serve as evidence of cohabitation and public representation. Lease agreements or mortgage documents are particularly valuable because they establish both the shared residence and often reflect how the parties identified themselves.
Testimony: Witness testimony from friends, family members, and community members who can attest to the couple’s public representation as married is crucial. Testimony regarding how the couple referred to each other, whether they used the same surname, and how they conducted themselves in social and professional settings can establish public representation.
Financial Records: Bank statements, credit card applications, loan documents, and financial account statements that list both parties or show financial interdependence can demonstrate cohabitation and shared household management. Insurance policies, pension designations, and beneficiary designations naming the other party as a spouse are particularly persuasive.
Social Evidence: Wedding announcements, social media posts, photographs, correspondence addressing the parties as spouses, and invitations to events can all support a claim of public representation. Communications between the parties expressing intent to be married are valuable evidence of mutual agreement.
Common Law Marriage vs. Cohabitation
The distinction between common law marriage and mere cohabitation is critical because the legal consequences are dramatically different. Cohabitation without the additional elements required for common law marriage creates no legal marital rights or obligations. Understanding this distinction protects both parties from unexpected legal consequences.
Cohabitation alone—even if it lasts for many years—does not create marital rights in states that don’t recognize common law marriage or when the required elements aren’t met. Cohabitants have no automatic inheritance rights, no spousal social security benefits, no health insurance coverage as a dependent, and no community property rights. If one party dies without a will, the surviving cohabitant typically receives nothing, regardless of how long they lived together.
Common law marriage, by contrast, creates all the legal rights and obligations of a ceremonial marriage. A common law spouse has inheritance rights, can claim spousal benefits, may be entitled to community property, and has the same rights regarding divorce, custody, and support as someone in a ceremonial marriage. This dramatic difference makes it essential to clearly understand whether a relationship constitutes a common law marriage.
Some couples intentionally avoid common law marriage by specifically rejecting the public representation element or by declining to agree to marry. They may maintain separate finances, use different surnames, or otherwise conduct themselves in a manner inconsistent with married status. Others inadvertently create common law marriages through conduct they didn’t fully understand.
For couples in states that recognize common law marriage who want to avoid creating an unintended marriage, careful attention to how they conduct themselves publicly is necessary. Conversely, couples who wish to formalize their relationship through common law marriage should ensure they meet all requirements and can document their compliance.
Legal Rights and Benefits
Common law spouses enjoy the same legal rights and benefits as those in ceremonial marriages, including spousal support, community property rights, and inheritance rights. However, establishing these rights can be more complicated because the marriage must first be proven. Understanding what rights are available is important for both protecting your interests and understanding your obligations.
Spousal Support and Alimony: Upon dissolution of a common law marriage, a spouse may be entitled to spousal support, just as in a ceremonial marriage. The amount and duration depend on factors such as the length of the marriage, each party’s earning capacity, and the standard of living during the marriage. However, courts must first recognize the common law marriage before support obligations can be established.
Community Property Rights: In community property states that recognize common law marriage, property acquired during the marriage is generally considered community property owned equally by both spouses. This applies to earnings, investments, retirement accounts, and other assets accumulated during the marital period. Separate property acquired before the marriage or through inheritance typically remains separate.
Inheritance and Succession Rights: A surviving common law spouse has inheritance rights if the deceased spouse dies without a will, typically receiving a portion of the estate alongside any children. Additionally, a common law spouse can claim wrongful death benefits if the other spouse is killed due to another’s negligence or misconduct.
Social Security and Benefits: A common law spouse can claim Social Security spousal and survivor benefits based on the other spouse’s work record. This includes retirement benefits if the marriage lasted at least nine months, survivor benefits for the widow or widower, and benefits for children of the deceased spouse. Medicare benefits and other federal benefits may also be available.
Medical and Healthcare Rights: A common law spouse typically has the right to make medical decisions for an incapacitated spouse, the right to hospital visitation, and inheritance of health insurance benefits. These rights are crucial in emergency situations and for long-term care planning.
Tax Benefits: Common law spouses can file joint tax returns and claim married filing jointly status. This often results in tax advantages and allows for income averaging and other tax benefits available only to married couples. Additionally, common law spouses can transfer property between each other without gift tax consequences.
Dissolution of Common Law Marriage
Dissolving a common law marriage requires the same legal process as ending a ceremonial marriage. The first step is establishing that a valid common law marriage exists, which can be contested by either party. Once established, the marriage must be formally dissolved through divorce proceedings, which involve property division, spousal support determination, and custody arrangements if children are involved.
Unlike ceremonial marriages where the existence of the marriage is documented through a marriage certificate, common law marriages must be proven through evidence before a court can grant a divorce. This means that one party might seek a divorce while the other contests whether a valid marriage ever existed. The court must resolve this preliminary issue before proceeding to property division and support matters.
Property division in common law marriage dissolution follows the same principles as ceremonial marriages. In community property states, property acquired during the marriage is divided equally. In equitable distribution states, property is divided fairly but not necessarily equally, based on factors such as each party’s contributions, earning capacity, and custodial responsibilities.
If minor children are involved, custody and support determinations proceed as in any divorce. The court applies the best interests of the child standard to determine custody arrangements and calculates child support based on state guidelines considering both parents’ incomes and custodial time.
One significant practical challenge is that some couples may not realize they have a common law marriage until one party seeks to dissolve it. The dissolving party must then prove the marriage’s existence, which can require substantial litigation and evidence presentation. This is why understanding common law marriage requirements and documenting one’s relationship status is important for anyone in a jurisdiction that recognizes common law marriage.
If you need guidance on common law marriage dissolution or family law matters generally, consulting with a family law attorney is advisable. Additionally, exploring resources like Law Hub can provide additional legal information and resources.
FAQ
Can you get a common law marriage license?
No, common law marriage does not involve obtaining a marriage license. A marriage license is a formal document issued by the state that is required for ceremonial marriages. Common law marriage is created through the couple’s conduct, agreement, and cohabitation without any official documentation. Some states that recognize common law marriage allow couples to file a declaration of marriage with the court to create an official record, but this is different from obtaining a marriage license.
How long do you have to live together for common law marriage?
The required duration of cohabitation varies by state and is often not explicitly specified in statute. Some states require only brief cohabitation combined with public representation and mutual agreement, while others expect longer-term cohabitation. There is no universal “seven-year rule” for common law marriage, despite this being a common misconception. The specific requirements depend on your state’s laws.
Is common law marriage recognized in all states?
No, common law marriage is not recognized in all states. As of 2025, only nine states and Washington D.C. recognize new common law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, Utah, and Washington D.C. Many states have abolished common law marriage entirely, though they may recognize marriages validly created before the abolition date or created in other states.
Can you get divorced from a common law marriage?
Yes, common law marriages can be dissolved through formal divorce proceedings just like ceremonial marriages. However, the first step typically involves proving that a valid common law marriage exists. Once the court recognizes the marriage, the divorce process proceeds with property division, spousal support, and custody determinations following the same rules as ceremonial marriages.
What happens if one person denies the common law marriage?
If one party denies that a common law marriage exists, the other party must prove the marriage through evidence. This might involve presenting joint tax returns, testimony from witnesses, joint financial accounts, property deeds, and other documentation demonstrating mutual agreement, cohabitation, and public representation. The court will determine whether sufficient evidence exists to establish the marriage.
Do common law marriages have the same rights as ceremonial marriages?
Yes, once established, common law marriages carry the same legal rights and obligations as ceremonial marriages. This includes spousal support, community property rights, inheritance rights, social security benefits, medical decision-making authority, and all other rights associated with marriage. The key difference is that establishing these rights may require proving the marriage’s existence.
Can you have a common law marriage in a state that doesn’t recognize it?
A couple cannot create a new common law marriage in a state that doesn’t recognize it. However, if a common law marriage was validly created in a state that does recognize common law marriage, it will generally be recognized in other states under the Full Faith and Credit Clause of the U.S. Constitution. This means that a common law marriage created in Texas would be recognized in states like California or New York.
Is there a common law marriage registry?
Most states do not maintain a formal registry of common law marriages. However, some states that recognize common law marriage allow couples to file a declaration or affidavit of marriage with the court to create an official record. This is optional but can be helpful for establishing the marriage’s existence. Check your state’s specific procedures regarding documentation of common law marriages.
