Common Law Marriage in Utah
State-specific overview · Family Law
Utah recognizes common law marriage only if created before January 1, 2005; no new ones are valid.
How Utah treats Common Law Marriage
Utah abolished common law marriage effective January 1, 2005, but recognizes common law marriages validly established before that date. Couples who met the requirements of mutual agreement, cohabitation, and public representation before 2005 retain valid marriage status. After January 1, 2005, Utah requires a marriage license and formal ceremony for all 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 Utah.