Anaya Nolan
Common-law marriage, sometimes called informal marriage, is a way for a couple to marry without legal formalities like a marriage license or ceremony. It is recognized in only a few states, including Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah. The requirements for common-law marriage vary by state, but generally include cohabitation, the intention to be married, and holding themselves out publicly as a married couple. There is a pervasive myth that a couple becomes common-law married after living together for seven years, but this is not true. While there is no statutory requirement for the length of time, the longer a couple lives together, the stronger their case for common-law marriage.
| Characteristics | Values |
|---|---|
| Number of years together | There is no statutory requirement for the length of time a couple needs to live together. However, the longer a couple lives together, the stronger their case is for common-law marriage. |
| Recognition across states | All states recognize legal marriages from other states. Some states recognize common-law marriages from other states, but many no longer recognize common-law marriages. |
| Recognition in New Hampshire | Only for the purpose of inheriting property from a deceased partner, and only if the pair lived together as a married couple for three years until one of them died. |
| Recognition in Texas | Recognized for both opposite-sex and same-sex couples. |
| Name change | Your last name does not automatically change with common-law marriage. However, you can change your name by petitioning the court. |
| Divorce | If you are common-law married, you will follow the same steps for divorce as married couples who are not common-law married. |
| Requirements | Both partners must intend to be married and hold themselves out in public as a married couple. They must also have the legal capacity to marry, meaning they must be at least 18 years old, of sound mind, and not already married. |
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What You'll Learn
Common-law marriage requirements vary by state
Common-law marriage, sometimes called informal marriage, is a way for a couple to marry without legal formalities like a marriage license or ceremony. Common-law marriage is not recognized nationwide in the US, and requirements vary by state.
Only a small number of states recognize common-law marriage, including Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. New Hampshire recognizes common-law marriage, but only for inheritance purposes. Other states that once recognized common-law marriage, such as Alabama, Georgia, Idaho, and Pennsylvania, now only do so if the marriage occurred before a certain date.
To enter into a common-law marriage, a couple must generally satisfy the following requirements: they must be eligible to be married, cohabit in a place that recognizes 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, though the longer a couple lives together, the stronger their case is for common-law marriage.
If a couple has a common-law marriage, they are entitled to the same benefits as other married couples, such as tax breaks and inheritance rights. However, if the couple breaks up, they must go through a traditional divorce process.
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Common-law marriage is not recognised in all states
Common-law marriage, sometimes called an informal marriage, is a way for a couple to marry without legal formalities like a marriage license or a ceremony. Common-law marriage is not recognised in all states. In fact, many states no longer recognise it at all.
There are only a handful of states that fully recognise common-law marriage: Colorado, Iowa, Rhode Island, Kansas, Oklahoma, Texas, and Utah. However, some of these states, like Texas, do not require a couple to have lived together for a specific period of time to qualify as common-law married. Other states, like Alabama, Georgia, Idaho, Indiana, and Pennsylvania, only recognise common-law marriages that were established before a certain date. For example, Alabama only recognises common-law marriages that existed before 2017.
New Hampshire is a unique case, as it only recognises common-law marriage for the purpose of inheriting property from a deceased partner. In this case, the couple must have lived together as a married couple for at least three years until one of them died.
It is important to note that the requirements for common-law marriage vary from state to state, and even within states, as the laws are complex. While there is no statutory requirement for the length of time a couple needs to live together, generally, the longer a couple lives together, the stronger their case is for common-law marriage. However, cohabitation is not enough to establish a common-law marriage, as both partners must also intend to be married and hold themselves out to friends, family, and the public as being married.
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Common-law marriage is a legal marriage
Common-law marriage has its roots in old English law, where couples who lived together and acted as husband and wife without an official ceremony were considered married in the eyes of the community. This tradition was carried over to the United States during colonisation, particularly in the West, where it was challenging to find someone qualified to perform marriages.
Today, common-law marriage is a complex and sometimes controversial topic. It can impact spousal benefits, estate planning, and the complexity of breakups, which may be treated like a traditional divorce in certain states. While some states have moved to abolish it, it is still recognised in others and by the full faith and credit clause of the U.S. Constitution, which mandates that out-of-state laws be honoured.
To establish a common-law marriage, there must generally be a mutual agreement in the present tense to enter into a state of matrimony and the consummation of this agreement by cohabitating as husband and wife. This means that simply living together is not enough to constitute a common-law marriage, and there must be an intention to be married. In some jurisdictions, however, merely living together for a long period can be enough to be considered legally married, regardless of the intention to marry.
Common-law marriages are as legally valid as traditional marriages, and couples are entitled to the same benefits, such as tax breaks and inheritance rights. However, it is important to note that common-law divorce is not a separate process, and in the event of a breakup, couples must go through the same divorce proceedings as traditionally married couples.
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Common-law marriage does not require a name change
Common-law marriage traces its roots back to England. In the past, many couples lived together and acted as husband and wife for a long period of time without an official ceremony. Over time, England's case law recognized these relationships. As England colonized America, many of these practices, including family law related to marital status, were adopted.
Today, common-law marriage is only recognized in a small number of states. These include Colorado, Iowa, and Rhode Island, while other states like Alabama, Idaho, and Indiana only recognize common-law marriages before a certain date. Common-law marriage requirements also vary across states. For instance, in Texas, there is no requirement for couples to be together for a specific period of time before they can declare themselves to be in a common-law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common-law marriage.
Regardless of the state, common-law marriage does not require a name change. While it is possible to change your name, it is not a requirement or an automatic process. A marriage certificate is typically used to prove a name change, but since common-law marriages do not have marriage certificates or licenses, couples must petition the court. The name change process varies by state, but it generally involves filing paperwork and paying a fee.
It is important to note that common-law marriage is a complex issue, and the requirements and recognition vary across different jurisdictions. While cohabitation is a factor, it is not the sole criterion for establishing a common-law marriage. In most cases, couples must also hold themselves out to others as husband and wife, presenting themselves as married and intending to be married.
If you are considering common-law marriage or have questions about your specific situation, it is advisable to consult an experienced family law attorney who can provide tailored advice and help you understand your rights and obligations.
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Common-law marriage grants the same rights as a formal marriage
Common-law marriage, which traces its roots to old English law, is not recognised nationwide and exists only in a small number of states. Common-law marriage grants the same rights as a formal marriage, including eligibility for economic and legal benefits such as tax breaks and inheritance rights. However, it is important to note that common-law marriage requirements vary across states. While some states like Colorado, Iowa, and Rhode Island allow common-law marriage, others like Alabama, Idaho, and Indiana only recognise it if it occurred before a certain date.
To establish a common-law marriage, couples must meet certain requirements, including cohabitation and holding themselves out as a married couple. The duration of cohabitation requirements varies, with most states requiring a couple to live together for at least one year. It is a pervasive myth that a common-law marriage automatically occurs after partners live together for seven years. This misconception may have stemmed from old English law, where couples who lived together and acted as husband and wife for an extended period without an official ceremony were considered married by the community.
In the United States, common-law marriage is recognised in specific states, and the requirements vary. For example, in Washington, D.C., a common-law marriage requires a mutual agreement in the present tense to enter into matrimony and the consummation of that agreement by cohabitating as husband and wife. Similarly, in Texas, there is no requirement for a specific duration of cohabitation, and couples must agree to the three elements listed in Section 2.401 to establish a common-law marriage.
It is important to note that common-law marriage can impact spousal benefits, estate planning, and the complexity of a breakup, which may be treated like a traditional divorce in certain states. Couples considering common-law marriage should seek legal advice to understand their rights and obligations, especially in states with unique requirements or limitations.
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Frequently asked questions
There is no set time requirement for common-law marriage. The myth that a couple needs to live together for seven years to be considered common-law married is false. However, the amount of time a couple has lived together is considered by judges on a case-by-case basis, and generally, the longer a couple has lived together, the stronger their case is for common-law marriage.
The requirements for common-law marriage vary by state, but generally include:
- Living together (cohabitation)
- Intending to be married
- Holding themselves out in public as a married couple
The following states currently recognize common-law marriage:
- Colorado
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
- Texas
- Utah
- New Hampshire (for inheritance purposes only)
Some states, like Alabama, Idaho, and Indiana, only recognize common-law marriages that existed before a certain date.
Couples in a common-law marriage may be entitled to the same benefits as couples with a formal marriage license, such as tax breaks and inheritance rights.
The divorce process is the same for common-law marriages as it is for formal marriages. There is no such thing as common-law divorce. If you are common-law married and wish to separate, you must file for divorce in court, and it is advisable to hire an attorney.
