Common Law Marriage in Tennessee
State-specific overview · Family Law
Tennessee recognizes common law marriage only if created before July 1, 2001; no new ones are valid.
How Tennessee treats Common Law Marriage
Tennessee abolished common law marriage effective July 1, 2001, but continues to recognize common law marriages validly created before that date. Couples who cohabited and held themselves out as married before the cutoff date may still claim valid common law marriage status. After July 1, 2001, Tennessee requires a marriage license and formal solemnization for all new marriages.
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 Tennessee.