Common Law Marriage in Missouri
State-specific overview · Family Law
Missouri does not recognize common law marriage created after 1921, though pre-1921 common law marriages remain valid.
How Missouri treats Common Law Marriage
Missouri abolished common law marriage effective 1921 and no longer permits new common law marriages to form within the state. Couples who established common law marriages before 1921 retain those rights if properly documented and recognized at the time. Missouri does recognize common law marriages validly created in other states under conflict-of-laws principles. Today, all marriages in Missouri must be formalized with a license and ceremony.
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 Missouri.