Common Law Marriage in Maryland
State-specific overview · Family Law
Maryland does not recognize common law marriage; formal ceremony and license are required for all marriages.
How Maryland treats Common Law Marriage
Maryland requires a valid marriage license and a formal ceremony performed by an authorized person. Cohabitation and mutual intent do not establish marital status under Maryland law. The state will recognize common law marriages validly created in other jurisdictions, but does not permit formation of new common law marriages within Maryland.
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 Maryland.