Common Law Marriage in Hawaii
State-specific overview · Family Law
Hawaii does not recognize common law marriage, even if the couple met all requirements elsewhere.
How Hawaii treats Common Law Marriage
Hawaii abolished common law marriage and does not recognize common law marriages created in Hawaii after 1951. If a couple established a common law marriage in another state before moving to Hawaii, Hawaii may recognize it under conflict-of-laws principles. However, couples in Hawaii must obtain a formal marriage license and ceremony to create a valid marriage. This makes Hawaii one of the strictest states regarding common law marriage recognition.
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 Hawaii.