Kara Sears
Common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant. Common-law marriage is permitted in several U.S. states, including Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. The requirements to contract a valid common-law marriage differ between jurisdictions, but generally include cohabitation, the intention to be married and hold themselves out in public as a married couple. Common-law marriage is a relic from the early days of the American colonies when there were few clerics or civil officials to perform ceremonial marriages. While it offers couples an alternative path to marriage, it can also lead to complications during separation as there is no such thing as a common-law divorce.
| Characteristics | Values |
|---|---|
| Number of states that recognize common-law marriage | 7 or 9 states and the District of Columbia |
| States that recognize common-law marriage | Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, Utah, South Carolina, New Hampshire |
| Requirements | Cohabitation, intent to be married, holding themselves out in public as married, not married to anyone else, financially interdependent |
| Divorce | Only legally ended by divorce in states where it is recognized |
| Tax | Exempt from gift tax for gifts to each other, unlimited marital exemptions for their estate up to the federal estate tax limit, can claim deductions for mortgage interest if they co-own a house or have children |
| Inheritance | Inheritance of a common-law spouse's property is allowed with a valid will |
| Social Security | Partners can receive spousal Social Security benefits if they can prove the number of years they lived together in a common-law state |
| Medical Benefits | Combining health insurance policies may reduce the amount paid in monthly premiums |
| Same-sex couples | Recognized |
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What You'll Learn
Common-law marriage is a real thing in certain US states
Common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or participated in a ceremony overseen by an officiant. It is a form of informal marriage, also known as 'sui juris marriage', 'marriage by habit and repute', or 'marriage in fact'. While the specific requirements vary by state, there are some general criteria that must be met for a common-law marriage to be recognised. Firstly, the couple must live together for a certain period, typically seven or ten years. They must also hold themselves out to friends, family, and the community as a married couple, referring to each other as "husband" or "wife" and potentially sharing a last name. Additionally, they must be financially interdependent, maintaining joint finances such as leases, mortgages, bank accounts, and credit cards.
It is important to note that common-law marriage is not simply a result of cohabitation and the passage of time. Both partners must intend to be married, and in some states, they must be mentally capable of committing to the marriage and be 18 years or older. Same-sex couples can also be recognised as common-law married. While the number of states recognising common-law marriage varies between sources, it is generally accepted that it is permitted in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. New Hampshire, Utah, and South Carolina have limited recognition, primarily for inheritance purposes.
Couples in a common-law marriage may enjoy the same legal and economic benefits as traditionally married couples, such as tax breaks, inheritance rights, and health insurance policy combinations. However, it is important to note that common-law divorce does not exist. If a common-law marriage ends, the couple must go through a traditional divorce process, which can be complicated as it often involves proving marital intention and providing evidence of the marriage.
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It is also recognised in some parts of military law
Common-law marriage is a legally recognised marriage between two people who haven't purchased a marriage license or engaged in a ceremony overseen by an officiant. Common law marriage is permitted in several U.S. states. In states that allow common-law marriage, couples in a common-law marriage still might have the same rights as a married couple who went through a formal marriage process.
In the military, there are no laws governing marriage. Military members can marry whomever they want, and there are no military marriage fees or the need for a special military marriage license. Cadets at military academies are, however, not permitted to marry until they graduate or leave their academy.
The military will generally recognise your common-law marriage if you complied with the laws of the state where you lived when you "got married" or when you/your partner gained the right to military benefits. For example, common-law marriage is permitted in Colorado and Texas. If you live on a base in Texas as a member of the Armed Forces, and can establish a legitimate common-law marriage in the eyes of Texas law, then the military will also recognise your marriage.
Each state establishes its own regulations concerning common-law marriage. Certain states completely disregard this concept, rendering common-law marriage invalid. A common-law marriage can only be legally ended by divorce in states where the practice is recognised.
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It is a legally binding marriage without a ceremony or licence
In the United States, common-law marriage is a legally binding marriage without the need for a ceremony or licence. It has existed since colonial times, when America was a British colony and there were few clerics or civil officials to conduct weddings in the sparsely populated regions.
Common-law marriage is a way for couples to be legally married without a wedding ceremony or a marriage licence. It is recognised in some U.S. states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire also recognise common-law marriage to a more limited extent.
To be recognised as a common-law marriage, a couple must generally satisfy certain requirements. These include being eligible to marry and cohabiting in a place that recognises common-law marriage, intending to be married, and holding themselves out in public as a married couple. This can include calling each other "husband" or "wife", sharing a last name, and maintaining joint finances such as leases, mortgages, bank accounts, and credit cards.
The specific requirements to establish a common-law marriage can vary between jurisdictions. For example, in Iowa, couples must be mentally capable of committing, be 18 or older, and represent themselves as married in the community. In Montana, common-law marriage is not invalidated by the state's marriage chapter. In New Hampshire, common-law marriage is recognised solely for inheritance purposes.
It is important to note that common-law marriage is not simply a result of cohabitation for a certain period, such as seven or ten years. While cohabitation is a factor, it must be accompanied by other factors, such as publicly holding themselves out as a married couple.
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Couples must cohabit and publicly present as married
Common-law marriage is a real thing, but it is only recognised in certain places. In the United States, common-law marriage is recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Outside of the US, common-law marriage is recognised in Canada.
For a couple to be considered married under common law, they must cohabit and publicly present as married. This means that the couple must live together for a consistent period, such as seven or ten years, and introduce themselves to friends, neighbours, and coworkers as a married couple. They may refer to each other as "my husband" or "my wife" and use the same last name. They may also maintain joint finances such as leases/mortgages, bank accounts, and credit cards.
The requirements to establish a common-law marriage differ depending on the jurisdiction. For example, in Iowa, both partners must be mentally capable of committing, be 18 or older, and represent themselves as married in the community. In Montana, common-law marriage is not prohibited and is not invalidated by the state's marriage chapter. In New Hampshire, common-law marriage is only recognised for inheritance purposes. In Oklahoma, individuals must prove that they are living together, financially interdependent, not related by blood, and 18 or older to be recognised as qualified common-law spouses.
It is important to note that cohabitation as an unmarried couple is generally not enough to establish a common-law marriage. The couple must intend to be married and hold themselves out in public as such. While there is no formula or algorithm for determining a common-law marriage, it can be surprisingly complicated to prove, often coming down to one partner's word against the other.
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Common-law marriages can only be ended by divorce
Common-law marriages are legally recognised in several US states, though the number is shrinking. Common-law marriages are distinct from traditional marriages in that they do not require a marriage license or a ceremony overseen by an officiant.
Despite their informal nature, common-law marriages can only be legally ended by divorce in states where the practice is recognised. This means that a couple in a common-law marriage will have to follow the steps to obtain a traditional divorce. This includes filing a formal petition with the court and understanding the state's residency and other divorce requirements.
The divorce process for common-law marriages can be challenging, as one partner may deny the existence of the marriage to avoid obligations like alimony or property division. In such cases, the other spouse can present evidence such as joint tax returns, insurance policies, or shared property to prove the marriage's existence. Additionally, the distribution of assets and liabilities must be addressed during the divorce process, and the court will decide on behalf of the couple if an agreement cannot be reached.
Another important consideration in ending a common-law marriage is that bigamy laws still apply. This means that neither spouse is free to remarry, including entering into another common-law marriage, until the court grants a judgment of divorce. This highlights the importance of legally dissolving common-law marriages to ensure compliance with the law and to protect the rights of both parties involved.
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Frequently asked questions
A common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant.
Common-law marriage is recognised in some capacity in 11 US states and the District of Columbia. These include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.
The requirements to enter into a common-law marriage vary by jurisdiction. Generally, a couple must cohabit for a period of time, present themselves to the community as a married couple, and be eligible to marry.
