Common Law Marriage
In one sentence
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Plain English
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.
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Example
A couple in Colorado lives together for five years, tells friends and family they're married, files joint tax returns, and introduces each other as spouses. Even without a license or ceremony, they have a valid common law marriage in Colorado and must go through divorce proceedings to separate.
Used in a sentence
“The court recognized the couple's common law marriage and divided their assets accordingly.”
How Common Law Marriage differs by state
Common Law Marriage can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama recognizes common law marriage if parties intend to marry and cohabit, with no specific time requirement.
Alaska
Alaska does not recognize common law marriage created after 1913, effectively abolishing the practice.
Arizona
Arizona recognizes common law marriage if parties cohabit and hold themselves out as married, with no minimum duration required.
Arkansas
Arkansas recognizes common law marriage created before 1939; marriages after that date require a license and ceremony.
California
California does not recognize common law marriage, requiring a valid license and ceremony for all marriages.
Colorado
Colorado recognizes common law marriage if parties agree to marry, live together, and hold themselves out as married.
Connecticut
Connecticut does not recognize common law marriage, requiring a formal license and ceremony for all marriages.
Delaware
Delaware does not recognize common law marriage created after 1975, though it honors those validly created before that date.
Florida
Florida does not recognize common law marriage, requiring a formal license and ceremony for all marriages.
Georgia
Georgia does not recognize common law marriage created after January 1, 1997, though it honors earlier ones.
Hawaii
Hawaii does not recognize common law marriage, even if the couple met all requirements elsewhere.
Idaho
Idaho recognizes common law marriage only if established before January 1, 1996, with limited recognition thereafter.
Illinois
Illinois does not recognize common law marriage created in Illinois, but recognizes valid common law marriages from other states.
Indiana
Indiana does not recognize common law marriage created in Indiana, but recognizes valid common law marriages from other states.
Iowa
Iowa recognizes common law marriage if the couple cohabits, intends to be married, and holds themselves out as married.
Kansas
Kansas recognizes common law marriage if parties agree to marry, cohabit, and hold themselves out as married.
Kentucky
Kentucky recognizes common law marriage created before June 29, 1998; no new common law marriages are valid after that date.
Louisiana
Louisiana does not recognize common law marriage under any circumstances; formal ceremony and license are required.
Maine
Maine does not recognize common law marriage; a formal ceremony and license are mandatory for valid marriage.
Maryland
Maryland does not recognize common law marriage; formal ceremony and license are required for all marriages.
Massachusetts
Massachusetts does not recognize common law marriage, even if the couple meets all traditional requirements.
Michigan
Michigan does not recognize common law marriage under current law, though it recognized them before 1957.
Minnesota
Minnesota does not recognize common law marriage and requires a formal license and ceremony for all marriages.
Mississippi
Mississippi recognizes common law marriage if the couple intends to be married, cohabits, and holds themselves out as married.
Missouri
Missouri does not recognize common law marriage created after 1921, though pre-1921 common law marriages remain valid.
Montana
Montana recognizes common law marriage if both parties intend to marry and hold themselves out as spouses to the public.
Nebraska
Nebraska does not recognize common law marriage, even if the couple meets traditional requirements of intent and cohabitation.
Nevada
Nevada does not recognize common law marriage created within the state, but honors common law marriages validly created elsewhere.
New Hampshire
New Hampshire recognizes common law marriage only if the couple cohabits for three years and publicly represents themselves as married.
New Jersey
New Jersey does not recognize common law marriage created after 1939, but honors pre-1939 common law marriages and those validly created elsewhere.
New Mexico
New Mexico recognizes common law marriage if both parties intend to marry and live together as spouses.
New York
New York does not recognize common law marriage created within the state after 1933.
North Carolina
North Carolina does not recognize common law marriage under any circumstances.
North Dakota
North Dakota does not recognize common law marriage created within the state.
Ohio
Ohio recognizes common law marriage only if established before January 1, 1991.
Oklahoma
Oklahoma recognizes common law marriage if both parties intend to marry and live together as spouses.
Oregon
Oregon does not recognize common law marriage, even if the couple cohabited and intended to marry.
Pennsylvania
Pennsylvania recognizes common law marriage if both parties intend to marry, cohabit, and hold themselves out as married.
Rhode Island
Rhode Island recognizes common law marriage if the couple cohabited, intended to marry, and held themselves out as married.
South Carolina
South Carolina recognizes common law marriage if both parties are eligible, consent to marry, cohabit, and hold themselves out as married.
South Dakota
South Dakota does not recognize common law marriage, even if the couple meets requirements elsewhere.
Tennessee
Tennessee recognizes common law marriage only if created before July 1, 2001; no new ones are valid.
Texas
Texas recognizes common law marriage if a couple agrees to marry, cohabits, and holds themselves out as married.
Utah
Utah recognizes common law marriage only if created before January 1, 2005; no new ones are valid.
Vermont
Vermont recognizes common law marriage if a couple cohabits, intends to marry, and holds themselves out as married.
Virginia
Virginia does not recognize common law marriage, even if the couple meets all traditional requirements.
Washington
Washington does not recognize common law marriage created within the state at any time.
West Virginia
West Virginia recognizes common law marriage if the couple cohabits, intends to marry, and holds themselves out as married.
Wisconsin
Wisconsin does not recognize common law marriage, though it once did before abolishing the practice in 1931.
Wyoming
Wyoming recognizes common law marriage if the couple cohabits, intends to marry, and publicly holds themselves out as married.
District of Columbia
D.C. recognizes common law marriage when a couple intends to marry, cohabits, and holds themselves out as married.
Related terms
Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Per Stirpes
A way of dividing an inheritance by family branch, where each branch gets an equal share regardless of how many people are in it.
Child Support
Court-ordered payments from one parent to the other for a child's living expenses.
Testamentary Capacity
The legal and mental ability required to make a valid will or trust.
Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.