Gavin Howe
Common-law marriage, sometimes called informal marriage, is a legally recognised type of marriage in certain countries and states. It is a marriage without legal formalities such as a marriage license or ceremony. In the US, common-law marriage is recognised in seven states and the District of Columbia, with nine other states recognising it with some restrictions. While there is no statutory requirement for the length of time a couple needs to live together, generally, a couple must cohabit and hold themselves out to friends, family, and the community as married. However, it is important to note that simply living together does not automatically constitute a common-law marriage. This misconception may lead to concerns about unwitting common-law marriages. To avoid this, partners can write and sign a document stating their intentions to remain unmarried.
| Characteristics | Values |
|---|---|
| Number of places that recognize common-law marriage | 16 states and the District of Columbia |
| States that fully recognize common-law marriage | Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, New Hampshire (for inheritance purposes only) |
| States that recognize common-law marriage with restrictions | Alabama, Idaho, Indiana, Ohio, Pennsylvania, Georgia, Florida |
| States that previously recognized common-law marriage | Alabama, South Carolina |
| Requirements for common-law marriage | Cohabitation, intention to be married, holding out in public as a married couple |
| Proof of common-law marriage | Lease agreements, tax returns, insurance policies, declaration with the county clerk |
| Rights of common-law couples | Same as married couples in some cases, e.g. federal and provincial income tax, pension plans, government payment programs |
| Rights of unmarried cohabitants | None in terms of protections, property rights, or support payments |
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What You'll Learn
Common law marriage requirements vary by state
Common-law marriage is a legal marriage that is considered valid without a formal wedding ceremony, marriage license, or marriage certificate. It is only recognized in a handful of states and jurisdictions in the US.
The requirements for a common-law marriage to be recognized vary by state. In general, couples must be eligible to marry and cohabitate in a state that recognizes common-law marriage. They must also intend to be married and hold themselves out in public as a married couple. However, there is no statutory requirement for the length of time a couple needs to live together, and the court considers this on a case-by-case basis.
For example, in Texas, a common-law marriage may be proved by evidence that the couple lived together within the state as husband and wife and represented themselves to others as married. There is no specification on the length of time the couple must cohabitate to meet this requirement.
In contrast, Alabama recently abolished common-law marriage, and other states have set dates before which common-law marriages are recognized. For instance, Florida recognizes common-law marriages if they were created before January 1, 1968.
It is important to note that the law regarding common-law marriage is constantly evolving, and couples should consult an attorney or local law for up-to-date information on their specific situation.
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Common law marriage and divorce
In the United States, common-law marriage is a legal marriage that does not involve a formal wedding ceremony, marriage license, or marriage certificate. Common-law marriage is currently recognised in seven states and the District of Columbia, while nine other states recognise it with some restrictions. The states that fully recognise common-law marriage are Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
To enter into a common-law marriage, a couple must generally satisfy the following requirements: be eligible to marry and cohabit in a place that recognises common-law marriage, intend to be married, and hold themselves out in public as a married couple. There is no statutory requirement for the length of time a couple needs to live together, but the longer they live together, the stronger their case is for a common-law marriage. Couples can register their common-law marriage by filing a declaration with the county clerk, and if no declaration is filed, they may need to go to court to prove the marriage.
If you have a common-law marriage, you are entitled to the same benefits as couples who are married through a formal process. However, it is important to note that there is no such thing as a "common-law divorce". If you are common-law married and wish to divorce, you must follow the same steps as married couples who are not common-law married, including filing for divorce in court.
In other parts of the world, such as Norway, cohabiting couples who are not married may also be granted certain marriage-like rights, such as inheritance rights if one partner dies without a will. In Washington state, for example, committed cohabiting couples who break up may have property rights similar to those of married couples, and a court can help divide shared property and assets.
It is always advisable to consult with an attorney or legal practitioner to understand your specific rights and obligations, as the laws and requirements for common-law marriage vary by state and can be complex.
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Common law marriage and inheritance
Common-law marriage, which traces its roots to old English law, is not a nationwide concept. It is only recognized in a small number of states in the US, such as Texas, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia.
In the states that recognize common-law marriage, couples in such marriages have the same rights as those who went through a formal marriage process. This includes inheritance rights. For example, in Texas, a common-law spouse can inherit from a decedent's estate whether the decedent died with or without a valid will. The surviving spouse has rights to community property, homestead rights, exempt property, and family allowance.
To establish a common-law marriage, couples must generally satisfy certain requirements, such as being eligible to marry, cohabiting in a place that recognizes common-law marriage, intending to be married, and holding themselves out in public as a married couple. However, there is no statutory requirement for the length of time a couple needs to live together, contrary to the common myth that seven years of cohabitation leads to a common-law marriage.
In states that do not recognize common-law marriage, a surviving significant other will be unable to receive any inheritance from their partner unless there is an estate plan in place. This can create issues when it comes to estate planning for illness or death, as well as healthcare and financial decision-making during a partner's illness.
It is important to note that the specific evidence needed to prove a common-law marriage may vary depending on the circumstances and the state in which the marriage took place. Consulting an attorney experienced in common-law marriage matters can help individuals understand the requirements and gather the necessary evidence to establish their claim.
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Common law marriage and eligibility for spousal benefits
In the United States, common-law marriage is a legal marriage without a formal wedding ceremony, marriage license, or marriage certificate. Common-law marriage is currently recognized in seven states and the District of Columbia, with nine other states recognizing it with some restrictions. The states that recognize common-law marriage include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
To establish a common-law marriage, couples must generally meet the following requirements:
- Be eligible to be married
- Cohabitate in one of the places that recognize common-law marriage
- Intend to be married
- Hold themselves out in public as a married couple
There is no statutory requirement for the length of time a couple needs to live together to be considered common-law married. However, the longer a couple lives together, the stronger their case is for common-law marriage. Couples can register their common-law marriage by filing a declaration with the county clerk. If no declaration is filed, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
In terms of spousal benefits, the Social Security Administration (SSA) recognizes common-law marriages. Both parties in a common-law marriage are entitled to the same benefits as couples in a traditional marriage, including spousal benefits. To be eligible for benefits based on a common-law spouse's earnings, evidence must be provided to prove the existence of a valid common-law marriage. This may include statements from each spouse affirming the marriage, as well as statements from blood relatives of each spouse.
It is important to note that once a common-law marriage is established, it cannot be dissolved through a "common-law divorce." A formal divorce process must be followed to legally end the marriage.
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Common law marriage and name changes
Common-Law Marriage and Name Changes
In the United States, common-law marriage is a legal marriage without a formal ceremony, marriage license, or marriage certificate. It is recognised in a small number of states, including Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
To enter into a common-law marriage, a couple must generally satisfy the following requirements: be eligible to marry and cohabit in a place that recognises such marriages, intend to be married, and present themselves as a married couple in public. There is no statutory requirement for the length of time a couple needs to live together, contrary to the popular myth that seven years of cohabitation constitutes a common-law marriage.
In states that allow common-law marriage, couples may have the same rights as those who went through a formal marriage process. For example, in Texas, there is no law regarding name changes after a common-law marriage, but the same process for changing one's name after a formal marriage applies. This includes changing one's last name to that of their spouse, changing one's middle name to one's maiden name, or hyphenating one's maiden name with one's spouse's last name. To change one's name on a Texas driver's license or ID, one must provide a marriage license or a marriage verification letter from the Texas Department of State Health Services (DSHS).
For couples who wish to remain unmarried, partners can write and sign a document stating their intentions, especially in states that offer legal protections for cohabitating couples.
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Frequently asked questions
A common-law marriage is a legal marriage without a formal wedding ceremony, marriage license, or marriage certificate. Common-law marriage is only recognized in certain states, and requirements vary by state.
No, you must be eligible to marry. However, it is possible to be the common-law partner of one person while being legally married or in a civil union with another.
Common-law marriages can be registered by filing a declaration with the county clerk. If no declaration is filed, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
