Common Law Marriage in Massachusetts
State-specific overview · Family Law
Massachusetts does not recognize common law marriage, even if the couple meets all traditional requirements.
How Massachusetts treats Common Law Marriage
Massachusetts abolished common law marriage recognition and requires a formal marriage license and ceremony. Couples who cohabited before the abolition date may have grandfathered rights, but new common law marriages cannot form. The state treats unmarried cohabitants as separate legal entities with no spousal rights unless they execute a written agreement. This applies regardless of how long the couple lives together or their intent to be married.
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 Massachusetts.