Common Law Marriage in New Hampshire
State-specific overview · Family Law
New Hampshire recognizes common law marriage only if the couple cohabits for three years and publicly represents themselves as married.
How New Hampshire treats Common Law Marriage
New Hampshire requires a three-year cohabitation period combined with public acknowledgment and intent to be married; a formal ceremony is not necessary. The couple must treat each other as spouses in the community and hold themselves out as married to family, friends, and the public. Once established, a common law marriage in New Hampshire has the same legal status and consequences as a ceremonial marriage.
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 New Hampshire.