Introduction
Marriage laws in the United States have long been a source of both tradition and evolution. While most people associate marriage with ceremonies, licenses, and officiants, common law marriage offers an alternative path. In certain states, couples can establish a legally binding marital relationship without a formal ceremony or legal documentation.
What is Common Law Marriage?
A common law marriage is a legally recognized marriage between two people who have not obtained a marriage license or participated in a formal wedding ceremony. Instead, their marital status is established based on their behavior and the fulfillment of specific legal requirements.
Common law marriage is not universally recognized in the United States. Only a handful of states and jurisdictions recognize it outright, while others may recognize it in limited circumstances, such as if the couple established a common law marriage in a state where it is valid and later moved to a state that does not permit new common law marriages.
States That Recognize Common Law Marriage
As of 2025, the following states recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (only for inheritance purposes), South Carolina, Texas, Utah (requires judicial recognition)
Additionally, some states recognize common law marriages established before a specific cutoff date. For instance, Florida recognizes common law marriages formed before January 1, 1968.
Legal Requirements for Common Law Marriage
While the exact requirements for establishing a common law marriage vary by state, the following elements are commonly required:
- Cohabitation: The couple must live together for a significant period. There is no specific time limit set by most states, but long-term cohabitation strengthens the claim.
- Intent to Be Married: Both parties must intend to be married and agree to enter into a marital relationship.
- Presenting as a Married Couple: The couple must hold themselves out to the public as being married. This could include:
- Introducing each other as “husband” or “wife.”
- Filing joint tax returns.
- Sharing a last name.
- Listing each other as spouses on legal or financial documents.
- Legal Capacity: Both individuals must have the legal capacity to marry, meaning they are of legal age, not currently married to someone else, and not closely related.
Common Misconceptions About Common Law Marriage
Myth 1: Living Together for Seven Years Automatically Creates a Common Law Marriage
This is one of the most pervasive myths about common law marriage. While cohabitation is a factor, simply living together for a specific amount of time does not automatically establish a common law marriage.
Myth 2: Common Law Marriage is the Same as Cohabitation
Cohabitation alone does not make a couple legally married. For a common law marriage to exist, the couple must also intend to be married and present themselves as a married couple.
Myth 3: All States Recognize Common Law Marriage
Only a limited number of states recognize common law marriage, and even in those states, specific requirements must be met.
Scenario-Based Examples of Common Law Marriage
Scenario 1: Establishing Common Law Marriage in Texas
Maria and John have lived together in Texas for six years. They share a joint bank account, refer to each other as “husband” and “wife” in social settings, and have named each other as beneficiaries on their life insurance policies.
If Maria and John separate, and one party wants to enforce their rights as a spouse—such as claiming spousal support—they could argue that they were in a common law marriage. Texas law requires three elements for common law marriage:
- An agreement to be married.
- Cohabitation in Texas as husband and wife.
- Holding themselves out to others as being married.
If Maria can prove these elements in court, she may be entitled to the same rights as a spouse in a traditional marriage.
Scenario 2: Moving to a Non-Recognizing State
Sarah and James established a common law marriage in Colorado, where they lived for 10 years. They later moved to California, which does not recognize new common law marriages. However, because their marriage was validly established in Colorado, California will honor it under the Full Faith and Credit Clause of the U.S. Constitution.
Scenario 3: Disputing Common Law Marriage in Court
Emma and Jack lived together in Kansas for five years but never referred to each other as spouses or shared financial accounts. When they separated, Jack claimed they were in a common law marriage and sought spousal support.
However, without evidence of a mutual agreement to be married or any actions demonstrating they held themselves out as a married couple, the court ruled that no common law marriage existed.
Legal Rights and Responsibilities in Common Law Marriage
If a common law marriage is established, the couple has the same legal rights and responsibilities as a traditionally married couple. These include:
- Property Division: Upon separation, property acquired during the marriage may be subject to division under state marital property laws.
- Spousal Support: A spouse in a common law marriage may seek spousal support (alimony) in the event of a separation.
- Inheritance Rights: Common law spouses may inherit property or assets from each other, even without a will, depending on state intestacy laws.
- Parental Rights: If the couple has children, both parents retain parental rights and responsibilities, regardless of their marital status.
- Health Insurance and Benefits: Some employers may extend spousal benefits to common law spouses, but proof of the relationship may be required.
Dissolving a Common Law Marriage
Just like a traditional marriage, a common law marriage cannot simply be ended by separating or moving out. A couple must go through the legal process of divorce to dissolve a common law marriage. This includes:
- Dividing property and debts.
- Determining child custody and support if applicable.
- Addressing spousal support obligations.
How can we assist?
Common law marriage is a unique legal concept that provides an alternative path to traditional marriage for couples who meet specific requirements. While it offers many of the same rights and responsibilities as a formal marriage, it can also create legal challenges, particularly when a relationship ends or disputes arise.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.