Common Law Marriage in District of Columbia

State-specific overview · Family Law

Quick summary

D.C. recognizes common law marriage when a couple intends to marry, cohabits, and holds themselves out as married.

How District of Columbia treats Common Law Marriage

The District of Columbia permits common law marriage without requiring a formal ceremony or license, provided both parties have capacity to marry, mutual intent to be husband and wife, and public recognition of the marital relationship. Courts examine whether the couple presented themselves to the community as married through conduct, declarations, and reputation. D.C. treats common law marriages the same as ceremonial marriages for all legal purposes, including property rights, inheritance, and divorce proceedings.

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The general definition of Common Law Marriage

A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.

Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.

Read the full Common Law Marriage entry →

This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in District of Columbia.